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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1220   View pdf image (33K)
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1220 ARTICLE 27

be paid or delivered on the happening of any event or contingency, in the
nature of a lottery, to be lottery tickets.

This section applied to an Austrian bond—see notes to sec. 405. Ballock v. State, 73
Md. 5. And see Horner v. U. S., 147 U. S. 449.

An. Code, 1924, sec. 349. 1912, sec. 315. 1904, sec. 290. 1888, sec. 185. 1886, ch. 480, sec. 1.

418. No person or body corporate shall be permitted, either directly
or indirectly, by agent or otherwise, to barter, sell or trade, or to offer for
barter, sale or trade, by any publication, or in any way, any wares, goods
or merchandise of any description, in package or bulk, holding out as an
inducement for any such barter, sale or trade, or the offer of the same, any
scheme or device by way of gift enterprise of any kind or character what-
soever.

This section referred to in construing secs. 288, et seq. Gaither v. Cate, 156 Md. 257.

This section in so far as it prohibits gifts not involving the element of chance to a
purchaser of goods as an inducement to make the purchases, is unconstitutional and void.
This section referred to in construing sec. 593, et seq.—see notes thereto. State v.
Caspare, 115 Md. 16; Long v. State, 74 Md. 565; State v. Hawkins, 95 Md. 143. And
see Horner v. U. S., 147 U. S. 449.

A scheme held to be a "gift enterprise" within the meaning of this section; evidence
held admissible. Long v. State, 73 Md. 528.

An. Code, 1924, sec. 350. 1912, sec. 316. 1904, sec. 291. 1888, sec. 186. 1886, ch. 480, sec. 2.

419. Any person or body corporate violating the provisions of the pre-
ceding section shall be deemed guilty of a misdemeanor, and upon convic-
tion thereof before any justice of the peace or court of competent jurisdic-
tion in this State, shall be fined not less than fifty dollars for any such
offense.

"Football Pool Tickets" held not to be lottery tickets within Secs. 405-419. (Judge
Niles, Criminal Court of Baltimore.) State v. Asner & Dolgoff, Daily Record, Nov. 8,
1939.

1937, ch. 435.

420. No person shall refuse to testify concerning any lotteries because
his testimony would implicate himself and he shall be a competent witness
and compellable to testify against any person or persons who may have
committed any of the offenses set forth under the sub-title "Lotteries" of
this Article, provided that any person so compelled to testify in behalf of
the State in any such case shall be exempt from prosecution, trial and
punishment for any and all such crimes and offenses of which such person
so testifying may have been guilty of 1 a participant therein and about
which he was so compelled to testify.

Machine Guns.

1933, ch. 550, sec. 350A.

421. (Definitions.) "Machine Gun" as used in this sub-title, means
a weapon, of any description, by whatever name known, loaded or un-
loaded, from which more than one shot or bullet may be automatically dis-
charged from a magazine, by a single function of the firing device.

"Crime of Violence" applies to and includes any of the following
crimes or an attempt to commit any of the same, namely, murder of any
degree, manslaughter, kidnapping, rape, mayhem, assault to do great bodily
harm, robbery, burglary, housebreaking, breaking and entering, and
larceny.

"Person" applies to and includes firm, partnership, association or
corporation.

1 The word "as" evidently intended.


 

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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 1220   View pdf image (33K)
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