From Casetext: Smarter Legal Research

People v. Lyttle

Court of Appeals of the State of New York
Jul 11, 1929
167 N.E. 466 (N.Y. 1929)

Summary

In People v. Lyttle (251 N.Y. 347) the court said: "So far as the record informs us, the game conducted by the defendant was one involving a trial or test of skill, and not one dependent upon the drawing or choice of numbers. If the fact is otherwise, as the People's brief suggests, appropriate evidence should have been offered to bring the case within the statute.

Summary of this case from People v. Edelstein

Opinion

Argued June 6, 1929

Decided July 11, 1929

Appeal from the Supreme Court, Appellate Division, First Department.

Joab H. Banton, District Attorney ( John C. McDermott of counsel), for appellant.

Moses A. Sachs for respondent.


So far as the record informs us, the game conducted by the defendant was one involving a trial or test of skill, and not one dependent upon the drawing or choice of numbers. If the fact is otherwise, as the People's brief suggests, appropriate evidence should have been offered to bring the case within the statute.

Penal Law, section 974, permits a prosecution where the result of a wager is dependent on the selection of numbers, even though not strictly the game of policy, but in such circumstances the information should be framed upon that theory.

The judgment should be affirmed.

CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ., concur.

Judgment affirmed.


Summaries of

People v. Lyttle

Court of Appeals of the State of New York
Jul 11, 1929
167 N.E. 466 (N.Y. 1929)

In People v. Lyttle (251 N.Y. 347) the court said: "So far as the record informs us, the game conducted by the defendant was one involving a trial or test of skill, and not one dependent upon the drawing or choice of numbers. If the fact is otherwise, as the People's brief suggests, appropriate evidence should have been offered to bring the case within the statute.

Summary of this case from People v. Edelstein
Case details for

People v. Lyttle

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WILLIAM LYTTLE…

Court:Court of Appeals of the State of New York

Date published: Jul 11, 1929

Citations

167 N.E. 466 (N.Y. 1929)
167 N.E. 466

Citing Cases

People v. Weber

Judgment of the County Court of Kings county convicting defendant of the crime of contriving, drawing and…

People v. Pierson

Moreover, if, as the People contend, that were the charge, the information should specifically name that…