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2002 LAWS OF MARYLAND
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Ch. 26
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lottery are substituted for the former references to a violation of this
"article" relating to lotteries to reflect the reorganization of all material
relating to lotteries in this subtitle.
Also in this section, the references to a violation "relating to [a] lotter[ies]"
are retained in light of § 12-212 of this subtitle, relating to gift enterprises.
In subsection (a) of this section, the reference to "July 5, 1971" is
substituted for the former reference to "the first Monday of July, 1971" for
clarity.
Defined term: "Person" § 1-101
12-211. CHARGING DOCUMENT FOR LOTTERY INDICTMENT.
(A) CONTENTS.
(1) AN INDICTMENT FOR VIOLATING THE PROHIBITION AGAINST THE
DRAWING OF LOTTERIES OR THE SELLING OF LOTTERY DEVICES IS SUFFICIENT IF IT
STATES THAT THE DEFENDANT DREW A LOTTERY OR SOLD A LOTTERY DEVICE.
(2) THE INDICTMENT NEED NOT STATE THE PARTICULAR KIND OF
LOTTERY SCHEME INVOLVED IN THE ALLEGED VIOLATION.
(B) BILL OF PARTICULARS.
THE DEFENDANT, ON TIMELY REQUEST, IS ENTITLED TO A BILL OF
PARTICULARS.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 610, as it related to lotteries.
In subsection (a)(1) of this section, the defined term "lottery device" is
substituted for the former reference to a "lottery ticket" for consistency
within this subtitle.
Also in subsection (a)(1) of this section, the former phrase "as the case may
be" is deleted as unnecessary.
In subsection (a)(2) of this section, the reference to a kind of lottery scheme
"involved in the alleged violation" is added for clarity.
In subsection (b) of this section, the reference to a "timely request" is added
for consistency within this article and with Md. Rule 4-241, which governs
the request for a bill of particulars in the circuit court.
Also in subsection (b) of this section, the former inaccurate reference to an
"application to the State's Attorney" is deleted in light of the requirement
to file a request for a bill of particulars with the circuit court, rather than
the State's Attorney, in a criminal cause that is in the circuit court. See Md.
Rule 4-241.
Also in subsection (b) of this section, the former reference to the offense
intended to be proved "under such indictment" is deleted as unnecessary.
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- 806 -
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