The opinion of the court was delivered by: BARD
Jeremiah Dunne was tried before a jury and found guilty of knowingly sending by mail a letter concerning a lottery in violation of 18 U.S.C.A. § 1302
He has moved for acquittal and arrest of judgment, or in the alternative for a new trial.
The Irish Hospitals' Sweepstake is a lottery that contemplates the use of the mails. The headquarters are in Dublin, Ireland. The principal method whereby tickets or chances for the sweepstakes are sold in the United States is through organizations called 'clubs'. An individual distributor is in charge of each club; the club's members are numbered sub-agents who sell the tickets.
One Frank Nolan was distributor for Club 9, which included Philadelphia, Pennsylvania. Defendant was sub-agent No. 1408 in Club 9. During 1947 defendant sold tickets for the Irish Sweepstakes; these tickets were supplied by Nolan.
On January 12, 1949 Nolan received packages containing books of twelve tickets each for the Irish Sweepstake on the Grand National 1949, the counterfoils or stubs from these tickets to be received in Ireland by February 14, 1949. These packages were to be delivered to the various subagents in Club 9. Included in this shipment was a package of 400 books of tickets for No. 1408; Nolan wrote the name 'Dunn' on this package.
On January 13, 1949 federal and local authorities legally entered Nolan's residence and confiscated all lottery material including the package marked for delivery to defendant. Thereafter, Nolan did not distribute books of tickets for the Irish Sweepstakes.
On May 4, 1949 defendant was notified that the Frankford post office was holding a letter addressed to him that was supposed to contain matter the importation of which was prohibited. Defendant went to this post office, received the letter, and read it. When the postmaster demanded the letter, defendant refused to give it to him and tore the letter into pieces, putting the pieces in his pocket. Finally, defendant threw the pieces on the counter and left.
The envelope was addressed to defendant under the name of 'Mr. Jerry Dunne' and had been postmarked in Ireland. The letter was typewritten, and when reconstructed read as follows: 'Ref: 9-1/408/KN
59, Rathdown Road, N.C. Rd., DUBLIN. 22nd April, 1949.
Your request for extra supplies has been received and we are endeavoring to fulfil, but would inform you that you have received more than your full quota based on returns.
Assuring . . . our best attention at all times.
Yours faithfully, T. A. Gorgan.'
It was brought out on cross-examination of the government's witnesses that defendant had ...