California Supreme Court October 15, 1870, 2,718 (Ex parte Smith)

Temple, J.,

delivered tbe following opinion, Ceockett, J., and Wallace, J., concurring:

Tbe petitioner bas been arrested and is beld in custody on a charge of selling tickets in a certain lottery or gift concert, contrary to tbe provisions of an Act to prohibit lotteries, etc., passed April 24, 1861.