dissenting.
I respectfully dissent from the majority in this case. There is no question that lotteries are legal in Illinois, nor is there any question that a resident of Indiana can drive to Illinois and legally purchase a lottery ticket. However, such is not the fact in this case. Kaszuba and Zientara entered into a contract in Indiana whereby Kaszuba would travel to Illinois with Zientara's money and choice of numbers and purchase a ticket for Zientara. It was then understood that Kaszuba would return to Indiana and deliver the purchased ticket to Zientara. This was purely a contractual scheme to deal in lottery tickets in the State of Indiana. Until Indiana legalizes such activity, this type of contract should be held illegal.
The Court of Appeals was correct in its decision and should be sustained.
PIVARNIK, J., concurs.