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BROOKS v. STATE

No. 30,903.

249 Ind. 291 (1967)

231 N.E.2d 816

BROOKS v. STATE OF INDIANA.

Supreme Court of Indiana.

Filed December 22, 1967.

Attorney(s) appearing for the Case

F. Laurence Anderson, Jr., of Gary, for appellant.

John J. Dillon, Attorney General, John F. Davis, Deputy Attorney General, for appellee.

HUNTER, J.

This is an appeal in a criminal action wherein the appellant, Foster Brooks, was first charged by affidavit in the Gary City Court as an agent for lottery. The affidavit was drawn under § 10-2302 Burns' Revised Statutes and reads as follows:

"Affiant, being duly sworn, upon his oath says that upon or about the 7 day of February, 1964, at and in the county of Lake, State of Indiana, FOSTER BROOKS did then and there unlawfully, sell a lottery...

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