New York Court of Appeals
The People of the State of New York Ex Rel. Ismar S. Ellison v. . Patrick Lavin, Police Officer Attached to the…
August 5, 1904179 N.Y. 164
Summary
The Court held that the advertised scheme for estimating cigar tax stamps was a lottery within the meaning of Penal Code §323, making its advertisement a misdemeanor under §327, and therefore reversed the lower courts' orders and remanded the relator to custody.