Justia Federal District Court Opinions

These are appeals from two convictions upon two consolidated indictments charging violations of the District of Columbia lottery laws.¹ The principal question presented is, as stated by appellant: "Where one has been charged in a count of an indictment with operating for a given period of time a lottery in violation of Title 22, Section 1501 of the D.C. Code, may he also be charged in another subsequent count of the indictment with having violated the same statute during the same period by having sold a chance in the same lottery." The Government, on the other hand, contends that operating a lottery and the sale of numbers are separate offenses.

However, concurrent sentences were imposed in these cases;² and, under well settled rules, even if there were merit in this claim of error (which we by no means hold), appellant cannot complain, as any such error would be cured by the concurrent sentences. Cf. Hirabayashi v. United States, 1943, 320 U.S. 81, 63 S. Ct. 1375, 87 L.Ed. 1774; Wanzer v. United States, 1953, 93 U.S.App.D.C. 412, 208 F.2d 45.

We have examined the other questions presented and find no error.

Affirmed.

BAZELON, Circuit Judge (concurring).

I would affirm solely on authority of Hirabayashi v. United States, 1943, 320 U.S. 81, 63 S.Ct. 1375, 87 L.Ed. 1774; Wanzer v. United States, 1953, 93 U.S. App.D.C. 412, 208 F.2d 45; Greene v. United States, 1957, 100 U.S.App.D.C. 396, 246 F.2d 677, certiorari granted 1958, 357 U.S. 934, 78 S.Ct. 1386, 2 L.Ed. 2d 1549, but see my dissent therein.