Thompson Bradshaw and Bradshaw & Panner, Beaver, for appellants.
Richard P. Steward, Dist. Atty., New Brighton, for appellee.
Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, and Wright, JJ.
[ 173 Pa. Super. Page 246]
Frank Laniewski, Tom DiSantis, and Francis Mark were indicted on a charge of setting up and conducting
[ 173 Pa. Super. Page 247]
a lottery. DiSantis and Mark pleaded guilty and appeared as witnesses for the Commonwealth. Laniewski offered no testimony, but requested the trial judge to direct a verdict of not guilty, which request was refused. After verdict of guilty, motions in arrest of judgment and for a new trial were overruled, and this appeal followed.
The indictment was based on Section 601 of the Act of June 24, 1939, P.L. 872, 18 P.S. § 4601, which reads as follows:
'All lotteries, whether public or private, for moneys, goods, wares or merchandise, chattels, lands, tenements, hereditaments, or other matters or things whatsoever, are hereby declared to be common nuisances. Every grant, bargain, sale, conveyance or transfer of any goods or chattels, lands, tenements or hereditaments, which shall be made in pursuance of any such lottery, is hereby declared to be invalid and void.
'Whoever, either publicly or privately, erects, sets up, opens, makes or draws any lottery, or is in any way concerned in the managing, conducting or carrying on the same, is guilty of a misdemeanor, and on conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars, or undergo imprisonment, by separate or solitary confinement at labor, not exceeding one (1) year, or both.'
The record discloses that on November 1, 1951, DiSantis and Mark, as agents of Laniewski, sold Jack George three identical 'All American' tickets. On these tickets were listed twenty football games to be played on Saturday, November 3, 1951. The ticket holder could select three to fifteen games and the odds ran from 5 to 1 for three correct selections to 900 to 1 for fifteen correct. As a consolation, one miss in ten games paid 20 to 1. The tickets undertook to ...