United States v. Halseth, 342 U.S. 277 (1952)

United States v. Halseth


No. 91


Argued November 28, 1951
Decided January 7, 1952
342 U.S. 277

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF WISCONSIN

Syllabus

In § 213 of the Criminal Code of 1909, 18 U.S.C. (1946 ed.) § 336, which forbids the mailing of any letter, package, postal card, or circular "concerning any lottery" or similar scheme, the words "concerning any lottery" mean an existing, going lottery or gambling scheme, and the section is not applicable to the mailing of a punchboard with a letter suggesting how it might be used and an order blank for ordering merchandise to be used for prizes, when neither the sender nor the addressee was engaged in the operation of a lottery or similar scheme. Pp. 277-281.

Affirmed.

The District Court dismissed an indictment of respondent for violation of § 213 of the Criminal Code of 1909, 18 U.S.C. (1946 ed.) § 336. On direct appeal to this Court under 18 U.S.C. § 3731, affirmed, p. 281.