Clement v. United States

208 F.2d 46, 93 U.S. App. D.C. 154, 1953 U.S. App. LEXIS 3019

Opinion

PER CURIAM.

D.C.Code (1951) § 22-1502, 52 Stat. 198 (1938), penalized possession of slips “used, or to be used” for carrying on a lottery. Appellant’s possession of used numbers slips, known in the game as “dead” slips, was therefore an offense, although it occurred before Public Law 85, § 206, 83d Cong., 1st Sess., June 29, 1953, which adds the words “current or not current,” was enacted. France v. United States, 164 U.S. 676, 17 S.Ct. 219, 41 L.Ed. 595, and United States v. Halseth, 342 U.S. 277, 72 S.Ct. 275, 96 L.Ed. 308, on which appellant relies, dealt with statutes that did not contain the word “used” or any equivalent word.

Appellant’s possession of used slips was also “prima-facie evidence” of carrying on a lottery. D.C.Code (1951) § 22-1501, 31 Stat. 1330 (1901) as amended. Harvey v. United States, 91 U.S.App.D.C. 36, 197 F.2d 594; Shaw v. United States, 93 U.S.App.D.C. -, 209 F.2d 298.

We have considered appellant’s other contentions and find no error.

Affirmed.