UNITED STATES SUPREME COURT DECISIONS ON-LINE

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. 342 U. S. 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. 342 U. S. 281.