Texas Constitution:Article III, Section 47: Difference between revisions

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Texas Constitution:Article III, Section 47 (view source)

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* ''Panas v. Texas Breeders & Racing Ass'n'', 80 S.W.2d 1020, [https://texaslegalguide.com/images/080_SW2_1020.pdf#page=5 1024] (Tex.Civ.App.–Galveston 1935, dism'd) ("We do not think the certificate system of betting on horse races can be called a lottery, as that term is used in section 47, article 3, of our Constitution, which prohibits 'the establishment of lotteries * * * or other evasions involving the lottery principle, established or existing in other States.' The Legislature in enacting the certificate system of conducting horse racing did not consider such legislation a violation of our constitutional prohibition against conducting lotteries.")
* ''Panas v. Texas Breeders & Racing Ass'n'', 80 S.W.2d 1020, [https://texaslegalguide.com/images/080_SW2_1020.pdf#page=5 1024] (Tex.Civ.App.–Galveston 1935, dism'd) ("We do not think the certificate system of betting on horse races can be called a lottery, as that term is used in section 47, article 3, of our Constitution, which prohibits 'the establishment of lotteries * * * or other evasions involving the lottery principle, established or existing in other States.' The Legislature in enacting the certificate system of conducting horse racing did not consider such legislation a violation of our constitutional prohibition against conducting lotteries.")


* ''Prendergast v. State'', 57 S.W. 850, [https://texaslegalguide.com/images/Vol_057_SWR_850.pdf#page=2 851] (Tex.Crim.App. 1899) ("The machine retained the major part of the common fund, else it could not be self-sustaining. Nor was this a game of perfect chance. The machine was automatically constructed in favor of the keeper, and a man might play (that is, put his nickel into the slot), and not win anything. Consequently there would be no prize distributed to him when he played it. Evidently there was some effort here in the proof to show a similarity between this and a raffle, but in our view the evidence showed a distinct difference.")
* ''Prendergast v. State'', 57 S.W. 850, [https://texaslegalguide.com/images/057_SW_850.pdf#page=2 851] (Tex.Crim.App. 1899) ("The machine retained the major part of the common fund, else it could not be self-sustaining. Nor was this a game of perfect chance. The machine was automatically constructed in favor of the keeper, and a man might play (that is, put his nickel into the slot), and not win anything. Consequently there would be no prize distributed to him when he played it. Evidently there was some effort here in the proof to show a similarity between this and a raffle, but in our view the evidence showed a distinct difference.")


* ''Barry v. State'', 45 S.W. 571, [https://texaslegalguide.com/images/Vol_045_SWR_571.pdf 571] (Tex.Crim.App. 1898) (citations omitted) ("One of the witnesses testified that he had heard it called a 'Cheap John Board,' and also a 'Cheap John Wheel.' He said he would call it a 'Wheel of Fortune.' We are of opinion that these facts would constitute this a lottery, within the purview of article 373 of the Penal Code of 1895. If the section of article 5049, above quoted, was intended to license lotteries, then it is clearly unconstitutional and void. The legislature has no authority to license lotteries in Texas, and any attempt on its part to do so would be nugatory.")
* ''Barry v. State'', 45 S.W. 571, [https://texaslegalguide.com/images/Vol_045_SWR_571.pdf 571] (Tex.Crim.App. 1898) (citations omitted) ("One of the witnesses testified that he had heard it called a 'Cheap John Board,' and also a 'Cheap John Wheel.' He said he would call it a 'Wheel of Fortune.' We are of opinion that these facts would constitute this a lottery, within the purview of article 373 of the Penal Code of 1895. If the section of article 5049, above quoted, was intended to license lotteries, then it is clearly unconstitutional and void. The legislature has no authority to license lotteries in Texas, and any attempt on its part to do so would be nugatory.")
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