In Re Lowrie
Opinion
Lead Opinion
Shaw, J.
Habeas corpus. At the time of the issuance of the writ herein petitioner was imprisoned under a complaint charging him with conducting a lottery or scheme for the distribution by chance of property to the complainant, and the public, for which chances valuable considerations were paid, and which alleged unlawful scheme was conducted “in the manner following and no other, to wit: In that the said defendant, John N. Lowrie, did have five dice and a cup, which said dice were dice having six bases or faces and no more, and which dice were In the form of cubes with the faces thereof numbered consecutively from one to six, and were used in the following manner in the conducting of said lottery: That complainant James P. Smith and the public were invited to engage in said lottery, and to play the same; that complainant paid to defendant the sum of One Dollar and received therefor from said defendant ten white chips; that complainant laid one of the chips upon the board and the other players engaged therein did likewise; that the defendant then threw the dice and when the dice were exposed, said defendant counted the number of pairs and there were one pair of fours (4s); the defendant…