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State v. Randle

Citations

  • 41 Tex. 292

Syllabus

<p>1. LOTTERY.—Article 404 of the Penal Code, which provides, “if any person shall establish a lottery, or dispose of any estate, real or personal, by lottery, he shall be fined,” &e., sufficiently defines an offense under the requirements of art. 3 of the code.</p> <p>2. What constitutes a lottery.—Any scheme for the distribution of prizes by chance is a lottery; and it matters not by what name such a scheme may be known, it comes within the prohibition of the penal law against lotteries.</p> <p>3. Indictment.—Where offenses are several in their nature, and yet of such a character that one of them, when complete, necessarily implies the other, there is no such repugnancy as to make then- joinder improper.</p>

Judges: Devine

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