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Texas Constitution:Article III, Section 47 (view source)
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* ''Barry v. State'', 45 S.W. 571, [https://texaslegalguide.com/images/045_SW_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/045_SW_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.") | ||
* ''Randle v. State'', 42 Tex. 580, [https://texaslegalguide.com/images/ | * ''Randle v. State'', 42 Tex. 580, [https://texaslegalguide.com/images/041_Tex_292.pdf#page=9 588-89] (1875) ("Mr. Bishop, in his Treatise on Statutory Crimes, shows, from his reference to numerous decisions of the various courts, that in nearly all the States of the Union, lotteries are prohibited, and those establishing them, or connected with their operations, are punished accordingly; and that the subterfuges by change of name, or plan of operations, have not availed the persons so concerned, as a defense to a prosecution; that the courts have seen through these evasions, and the law has been vindicated and fully enforced against the offenders.") | ||
* ''State v. Randle'', 41 Tex. 292, [https://texaslegalguide.com/images/41_Tex._292.pdf#page=7 298] (1874) ("In many States of the Union there is, as in our State Constitution, a prohibition against lotteries. The statutes of many of the States are in the like general terms as our statute against lotteries; and looking to the character of the act charged; it being simply a game of chance, and taking it in connection with the articles in the code against gaming, we are satisfied the law is not open to the objections presented. It is as descriptive of the offense as are the articles of the code prohibiting other kinds of gaming, and quite as descriptive of the of the offense as are the laws . . . .") | * ''State v. Randle'', 41 Tex. 292, [https://texaslegalguide.com/images/41_Tex._292.pdf#page=7 298] (1874) ("In many States of the Union there is, as in our State Constitution, a prohibition against lotteries. The statutes of many of the States are in the like general terms as our statute against lotteries; and looking to the character of the act charged; it being simply a game of chance, and taking it in connection with the articles in the code against gaming, we are satisfied the law is not open to the objections presented. It is as descriptive of the offense as are the articles of the code prohibiting other kinds of gaming, and quite as descriptive of the of the offense as are the laws . . . .") | ||