STATEMENT OF THE OFFENSE OF SELLING A LOTTERY TICKET.

(Commence as in form on page 35) that C. D., on, etc., at, etc., in the said county, unlawfully did sell1 a ticket' in a certain lottery, then and there set up to dispose of certain real property, described as follows (insert the description of the property.) of the value of five thousand dollars, the property of the said C. D., with intent to make the disposal of the said real property dependent upon a chance by numbers whereby the said chance was made an additional inducement to the disposal and sale of the said property, contrary to the form of the statute in such case made and provided (conclude as in form on page 35).

§ 619. What a Lottery. The term "lottery" has no techical meaning, in law distinct from its popular signification, though it is defined to be a scheme for the distribution of prizes by chance. It has been considered unnecessary to a lottery that there should be any blanks; but there must be some property disposed of by chance or lot. An annual distribution by lot among the members of an art union is a lottery. Where it appeared that the defendant was conducting what he termed a gift sale establishment, and kept upon his

1

A count in an indictment which alleged that the defendant "did unlawfully offer for sale and did unlawfully sell," was held not to be bad for duplicity. Com. v. Johnson, Thatcher C. C., 284; Com. v. Eaton, 15 Pick., 273.

* It is not necessary to particularly describe the ticket, or to give a copy of it. It is sufficient to describe it in the language of the act. Dunn v. People, 40 Ills., 466; Frceleigh v. State, 8 Mo., 606; Com. v. Johnson, Thatch. C. C., 284; contra Com. v. Gillespie, 7 Serg. & R., 469; State v. Scribner, 2 Gill & J., 246. In Missouri an indictment under the statute need not employ the term "lottery tickets." The words "device in the nature of a lottery" are sufficient. State v. Kennon, 21 Mo., 262.

It is sufficient if the intent appears argumentatively (especially after verdict). People v. Warren, 4 Barb., 314; Charles v. People, 1 Com. N. Y., 180. In an indictment for having in possession lottery tickets, with intent to sell or offer them for sale, it is not necessary to aver the intent of the defendant to sell or offer them for sale in the county or in this state. Com. v. Dana, 2 Met., 329.

Dunn v. People, 40 Ills., 467; Governors, etc., v. Art Union, 7 N. Y., 239. 2 Zab., 465; Dunn v. People, 40 Ills., 468; Wooden v. Shotwell, 4, Zab., 789.

'Dunn v. People, 40 Ills, 466; People v. Payne, 3 Denio, 88; Thomas v. People, 59 Ills., 160.

Governors of the Alms-house of New York v. Art Union, 7 N. Y.,

228.

desk at his place of business a box filled with envelopes purporting to contain some valuable receipts and popular songs, and also a card, descriptive of some one of an immense stock of various articles of different values worth one million and five hundred thousand dollars, all to be sold for one dollar each, without regard to the value, and not to be paid for until the purchaser of the envelope knew what he was to receive, and that the price of the envelope was twenty-five cents, an indictment was maintained under the statute and the court held that the sale of one of these envelopes was a sale of a lottery ticket, the element of chance consisting not in what the holder might do with his card and dollar after he had purchased the envelope, but in the purchase of the envelope itself, which, as was represented by the seller, would give him the right to buy for one dollar an article worth hundreds of dollors, or one of little or no value. The statute prohibiting the setting up of lotteries and the sale of lottery tickets is constitutional.2

$620. What a Sale of a Lottery Ticket. A person selling a chance in a lottery and retaining in his own hands the ticket or other evidence of the chance, sells a ticket within the meaning of the statute.3

'Dunn v. People, 40 Ills., 466.

Freleigh v. State, 8 Mo., 606; State v. Sterling, 8 Mo., 697. 'Com. v. Pollard, Thatch. C. C., 280.

SECTION VII.

OFFENSES AGAINST THE PUBLIO MORALITY, HEALTH AND PUBLIC POLICY.

§ 621. Adulteration of Food, Candies, etc.

622. Of Liquor.

623. Of Milk.

624. Of Medicine.

625. Adultery.

626. Proof of Adultery.

627. What Sufficient Evidence of Adultery.

628. Bigamy-Definition and Punishment. 629. Proof and Venue.

630. Marrying a Bigamist.

631. Evidence of the Marriages.

632. When Husband or Wife may be a Witness-Effect of Absence ofEvidence of being Alive.

633. Defense to an Indictment for Bigamy.

634. Circulating Obscene Books, etc.

635. Issuing or Uttering Unauthorized Currency.

636. Gaming Houses-Provisions of the Statute as to.

637. Evidence that the Gaming House was Kept by the Defendant.

638. Of Gaming for Money or other Valuable Thing.

639. Gaming in a Tavern.

640. Gaming Decoys.

641. Gambling in Grain.

642. Incest of Father and Daughter.

643. Of Relatives.

644. Evidence of Incest-Admissions.

645. Sending a Challenge for a Prize Fight-Training for.

646. Engaging in a Prize Fight.

647. Aids, Seconds, etc.

648. Leaving the State to Fight.

649. Sparring and Boxing Exhibitions.

650. Preventing Prize Fights, etc.

1. ADULTERATION.

§621. Of Food, Candies, etc.-"Whoever fraudulently adul

terates, for the purpose of sale, bread or any other substance intended for food, or any candy or confection, with any substance which is poisonous or injurious to health, and whoever sells or offers, or keeps for sale any adulterated bread or other substance intended for food, or candy or confection, knowing the same to be so adulterated, or shall sell or offer to sell, or keep for sale any flesh of any diseased animal or other corrupt or unwholesome poison, shall be confined in the county jail not exceeding one year, or be fined not exceeding one thousand dollars, or both, in the discretion of the court.""

STATEMENT OF THE OFFENSE OF ADULTERATING FOOD.

(Commence as in the form on page 35) that C. D., on, etc., at, etc., in the said county, unlawfully and fraudulently did adulterate, for the purpose of sale, a certain quantity of bread intended for food, with a certain poisonous substance called (insert the name of the substance), contrary to the form of the statute in such case made and provided (conclude as in form on page 35).

§ 622. Of Liquor."Whoever adulterates, for the purpose of sale, any liquor used or intended for drink, with cocculusindicus, vitriol, grains of paradise, opium, alum, capsicum, copperas, laurel water, logwood, Brazil-wood, cochineal, sugar of lead, or any other substance which is poisonous or injurious to health, and whoever sells or offers, or keeps for sale any such liquor so adulterated,-shall be confined in the county jail not exceeding one year, or fined not exceeding one thousand dollars, or both.""

STATEMENT OF THE OFFENSE OF ADULTERATING LIQUORS. (Commence as in form on page 35) that C. D., on, etc., at, etc., in the said county, unlawfully did adulterate for the purpose of sale, a certain kind of liquor called brandy, then and there intended for drink of persons, with Cocculus-indicus, a substance which was then and there poisonous and injurious to health, contrary to the form of the statute in such case made and provided (conclude as in form on page 35).

1 R. S., 353, § 7.

⚫ Id., §8.

8623. Of Milk. "Whoever adulterates, for the purpose of sale, any milk with water, chalk or other substance, or knowingly sells any such adulterated milk, shall be confined in the county jail not exceeding one year, or fined not exceeding five hundred dollars.""

STATEMENT OF THE OFFENSE OF ADULTERATING MILK.

(Commence as in form on page 35) that C. D., on, etc., at, etc., in the said county, unlawfully did adulterate, for the purpose of sale, five quarts of milk with water, contrary to the form of the statute in such case made and provided (conclude as in form on page 35).

§ 624. Of Medicine. "Whoever fraudulently adulterates, for the purpose of sale, any drug or medicine, or sells or of fers, or keeps for sale any fraudulently adulterated drug or medicine, knowing the same to be adulterated, shall be confined in the county jail not exceeding one year, or fined not exceeding one thousand dollars, and such adulterated drugs and medicines shall be forfeited and destroyed."

STATEMENT OF THE OFFENSE OF ADULTERATING MEDICINES.

(Commence as in form on page 35). that C. D., on, etc., at., etc., in the said county, fraudulently did adulterate, for the purpose of sale, a certain drug called quinine, contrary to the form of the statute in such case made and provided (conclude as in form on page 35).

2. ADULTERY.

$625. Provisions of the Statute. "If any man and woman shall live together in an open state of adultery, or fornication, or adultery and fornication, every such person shall be fined not exceeding five hundred dollars, or confined in the county jail not exceeding one year. For the second offense, such man or woman shall be severally punished twice as much as the former punishment, and for a third offense, trebie, and thus increasing the punishment for each succeeding offense; Provided, however, that it shall be in the power of the party or