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ALLEN v. CITY OF NORFOLK

80 S.E.2d 605 (1954)

195 Va. 844

ALLEN v. CITY OF NORFOLK.

Supreme Court of Appeals of Virginia.

Rehearing Granted May 4, 1954.

Attorney(s) appearing for the Case

Stant & Mirman, Herbert L. Kramer, Norfolk, for plaintiff in error.

Jonathan W. Old, Jr., Vernon D. Hitchings, Norfolk, Joseph E. Baker, for defendant in error.

Devany & Redfern, amicus curiae.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH, and WHITTLE, JJ.

MILLER, Justice.

John Henry Allen was convicted of violating section 29-23, Code of the city of Norfolk, Virginia, 1950, commonly called the Norfolk lottery or numbers ordinance. It reads as follows:

"It shall be unlawful for any person in the city to conduct, operate, manage or promote, or be concerned in or take any part in conducting, operating, managing or promoting, any lottery, raffle, numbers game or any scheme or device whereby for a valuable consideration...

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