248 Mo. 555 | Mo. | 1913
This case is here on the State’s appeal from a judgment of the circuit court of the city of St. Louis sustaining a demurrer to an indictment containing three counts, the first of which (omitting formal parts) charged that defendants, on a day stated, “did knowingly, wilfully and feloniously, make and establish as a business and avocation, in the city and State aforesaid, a certain lottery and scheme of drawing, in the-nature of a lottery, known as the Old Reliable Company and the Standard Investment Company, whereby large sums of money, to-wit, ten thousand dollars and divers other sums, were thereafter to be disposed of by lot and chance, the particular
The second count is identical with, the first except it charged defendants “did aid and assist in making and establishing,” etc., instead of charging they “did make and establish,” etc.
The third count is identical with the second except it omits the charge that money was to be disposed of by lot and chance and omits the statement as to the grand jurors’ lack of knowledge as to the method to be employed.
The grounds of demurrer are that neither count states facts sufficient to constitute an offense; that neither count apprises defendants of the nature and cause of the accusation against them; that all the counts are bad by reason of duplicity and repugnancy; that neither count charges the commission of a crime, but merely an intent to commit a crime in the future and that all the counts are “uncertain, vague, indefinite, repugnant and duplicitous . . . and could not be pleaded in bar of any future prosecution.”
The indictment follows closely, almost literally, approved forms (State v. Miller, 190 Mo. l. c. 451, 452), but it is suggested new' questions are presented by the demurrer in the instant case and, further, that in one particular the indictment differs from that heretofore approved.
In State v. Willis, 78 Me. l. c. 72, 73, in discussing an indictment charging that defendant was engaged “in a lottery, scheme of device of chance” the court said: “The word lottery has no technical meaning. A lottery is nothing more or less than' a scheme or device of chánce.” As now defined in -this State and
III. It is insisted duplicity conclusively appears from the fact each count charges that the lottery and
In this respect, also, the indictment is like that
PER CURIAM. — The foregoing opinion of Blair, C., is adopted as the opinion of the court.