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TERRITORY OF HAWAII v. SUR

NO. 2800.

39 Haw. 332 (1952)

TERRITORY OF HAWAII v. MITCHELL SUR.

Supreme Court of Hawaii.

Decided April 4, 1952.

Attorney(s) appearing for the Case

G. Nakamura (Fukushima & Morita on opening brief, Fukushima & Nakamura on reply brief) for plaintiff in error.

A.R. Hawkins, Public Prosecutor (also on the brief), for defendant in error.

TOWSE, C.J., LE BARON AND STAINBACK, JJ.

OPINION OF THE COURT BY TOWSE, C.J.

The defendant was convicted of assisting in maintaining and conducting a lottery in violation of section 11341 of Revised Laws of Hawaii 1945: "Every person who contrives, prepares, sets up, draws, maintains or conducts, or assists in maintaining or conducting any lottery is guilty of a misdemeanor." A lottery is defined as "* * * any scheme for the disposal or distribution of property by chance among persons who have paid or promised...

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