STATE v. ECKERD'S SUBURBAN, INC.


164 A.2d 873 (1960)

STATE of Delaware v. ECKERD'S SUBURBAN, INC., a Delaware corporation.

Supreme Court of Delaware.

October 26, 1960.


Attorney(s) appearing for the Case

Andrew B. Kirkpatrick, Jr., and David C. Rittenhouse (of Morris, Nichols, Arsht & Tunnell), Wilmington, for Eckerd's Suburban, Inc.

Clement C. Wood, Chief Deputy Atty. Gen., for the State.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.


WOLCOTT, Justice.

This is a certification from the Superior Court of New Castle County which arose as a result of a motion to dismiss informations filed against the defendant alleging a violation of Article 2, § 17 of the Constitution, Del.C.Ann., and 11 Del.C. § 662, both of which, generally speaking, bar the holding of a lottery in the State of Delaware.

The facts upon which the information is based are that the defendant drug store gives to each...

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