
    Charles T. Kirk v. State.
    Gaming. Code 1880, $ 2851. Selling chance in raffle.
    
    Section 2851, code 1880, which makes it a misdemeanor to put up any prize to be raffled for, or to sell a lottery-ticket, does not make punishable the selling of a chance in a raffle.
    From the circuit court of DeSoto county.
    Hon. James T. Fant, Judge.
    The indictment and the evidence upon which the appellant was convicted are stated in the opinion.
    
      
      Morgan Buchanan, for appellant.
    The raffling for the prize,is condemned by the statute, not the selling of a chance in a raffle.
    
      T. M. Miller, attorney-general, for the state.
    The case is clearly within the statute, and is not the case of a sale of lottery-tickets.
   Cooper, T.,

delivered the opinion of the court.

By § 2851 of the code, it is declared that “if any person, in order to raise money for himself or another, shall publicly or privately put up a lottery, to be drawn or adventured for, or any prize or thing to be raffled or played for, or if any person shall sell or expose for sale any lottery-ticket, such person shall be guilty of gaming, and, on conviction,” etc. The indictment charges that the defendant did “play at and bet upon, encourage and promote a certain game of chance, called ‘raffle,’ for money,” etc. The proof was that the defendant offered for sale in Mississippi a chance in a raffle to be played in the state.of Tennessee, and sold one such chance. It is not made unlawful to encourage or promote “ raffling,” nor to sell a chance in a raffle. The'statute condemns him who puts up, for himself or another, property to be raffled for, but no penally is declared against him who sells chances in a “ raffle.” It is otherwise as to lottery-tickets, for the statute expressly so declares.

Judgment reversed.  