McCALEB, Justice.
Appellant was charged, tried and convicted in the Second Municipal Court of New Orleans of acting as a lottery agent and having lottery paraphernalia in his possession, in violation of Sections 1 and 6 of City Ordinance No. 17,884, Commission Council Series, adopted on August 11th 1950. Following the imposition of sentence to pay a fine of $50 or to serve 60 days in jail in default of payment, he appealed here,
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