Opinion
Submitted May 7, 1928
Decided May 29, 1928
Appeal from the Supreme Court, Appellate Division, First Department.
Hyman Bushel and Samuel Gottlieb for appellant.
Joab H. Banton, District Attorney ( Archibald Firestone of counsel), for respondent.
Judgment of Appellate Division and that of Court of Special Sessions reversed and defendant discharged. Defendant is charged only with unlawfully and knowingly possessing policy slips: Held, that although the defendant's gift enterprise constituted a lottery (Penal Law, § 1370), the certificates in his possession were not shown to be policy slips and defendant was not shown to be engaged in the game or scheme commonly known as policy.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS and O'BRIEN, JJ. Not sitting: LEHMAN and KELLOGG, JJ.