Soby v. People

Citations

• 134 Ill. 66
• 25 N.E. 109

Syllabus

<p>1. Bucket-shops—gambling in stocks, grain, etc.—act of 1887—scope and purpose of the aot. The act of 1887, entitled “An act to suppress bucket-shops, and gambling in stocks,” etc., is directed against the keeping of any office or place, etc., wherein is conducted or permitted the pretended buying or selling of grain or other produce, on margins or otherwise, without any intention of receiving or delivering the property bought or sold.</p> <p>2. The statute makes it an offense to keep a place, office, etc., wherein is conducted or permitted the pretended buying or selling of produce on margins.</p> <p>3. For the purpose of preventing the evils resulting from such shops, and bucket-shopping, and of suppressing the vice of gambling in grain, it was intended by that act to close, suppress and prohibit the keeping of places where the practice of bucket-shopping or gambling in grain is permitted.</p> <p>4. Same—intention—want of knowledge■—as a defense. It is not necessary to show the intention of the keeper of the office or place of business to bring the transaction within the prohibition of the statute. So the keeper of such office or place can not shield himself from criminal responsibility behind the fact that he made no irypuiry of his customers. The keeper must know that the transactions at his office are not gambling, or he must have just reason to believe that the buying or selling is not within the intended prohibition of the statute.</p> <p>5. Same—want of intention to consu/inmate the bargain. The offense is complete where the party buying such produce, or offering to buy the same, does not intend actually to receive the same if pm-chased, or to deliver the same if sold.</p> <p>6. Same—actual purchase to protect the buyer—effect on the character of the transaction. Where a purchase of grain is made by an agent, and no delivery is intended, it being a speculation on the rise and fall of the market, the fact that the principal has made purchases in good faith