People v. Burns
This text of 107 N.E.2d 498 (People v. Burns) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In the record before us requisite proof is lacking that participants in the game upon which the indictment is based were “ persons who have paid * * * consideration for the chance ” so as to constitute a lottery within the meaning of section 1370 of the Penal Law (People v. Shafer, 273 N. Y. 475).
The judgments should be reversed and the indictment dismissed.
Lohghran, Ch. J., Lewis, Conway, Desmond, Dye, Ftjld and Froessel, JJ., concur.
Judgments reversed, etc.
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Cite This Page — Counsel Stack
107 N.E.2d 498, 304 N.Y. 380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burns-ny-1952.