Ex parte Shobert

Citations

• 70 Cal. 632
• 11 P. 786
• 1886 Cal. LEXIS 862

Syllabus

<p>Lottery Ticket—Bond — Time of Payment Determined by Chance — Premium on Bond. — The petitioner was convicted of selling a lottery ticket. The supposed lottery ticket was one of a large number of bonds issued by the city of Brussels. The bond in question is numbered 387, and provided that the holder should be entitled to the repayment of the principal, with interest thereon. It further provided, in effect, that a certain number of the bonds should be payable each year, and in order to ascertain what particular bonds should be payable during a given year, an annual drawing should be had, and the bonds bearing the numbers drawn thereat should become due and payable. It further provided that the holders of bonds bearing the first forty nunbers drawn should be paid premiums ranging from tMenty-five thousand francs for the first down to two hundred francs for the last. Held, that the bond was not a lottery ticket withip the meaning of sections 319 and 321 of the Penal Code.</p>