STATE v. DONOVAN

No. 4063.

97 N.H. 190 (1951)

STATE v. RICHARD DONOVAN.

Supreme Court of New Hampshire.

November 6, 1951.


Attorney(s) appearing for the Case

Gordon M. Tiffany, Attorney General, John N. Nassikas, Assistant Attorney General, Glen G. Davis, Law Assistant and Harry C. Lichman, County Solicitor (Mr. Nassikas orally), for the State.

Robert J. Doyle (by brief and orally), for the respondent.


LAMPRON, J.

The complaint now before us seems to be an attempt to charge the making of a lottery under R. L., c. 447. It is true that section 4 of said chapter provides that "a lottery may be described as a pretended lottery" and that "it shall not be necessary to allege or prove, upon trial, who is the owner of the property, nor who manages, conducts, or draws the lottery, or participates therein." However, it does not and cannot authorize the State to resort...

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