Commonwealth v. Rose
Court of Appeals of Kentucky
Case 91 — INDICTMENT FOR PROMOTING A LOTTERY APPEAL PROM JFEFERSON CIRCUIT COURT, CRIMINAL DIVISION. The third count in the indictment stated a complete offense. Rapalje’s Crim. Proc., SO; Com. v. Davis, 13 Bush, 318; Ky. Stats., secs. 2580, 2573; Desty Crim. Law, sec. 55; 1 Wharton Crim. Law, 291; 1 McClain Crim. Law, 552; 1 Bishop Crim. Law, 142; 10 Am. & Eng. Ency. of Law, 531; 28 Am. & Eng. Bncy. of Law,-202; 'Green v. State, 2 Cr.
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Case 91 — INDICTMENT FOR PROMOTING A LOTTERY APPEAL PROM JFEFERSON CIRCUIT COURT, CRIMINAL DIVISION. The third count in the indictment stated a complete offense. Rapalje’s Crim. Proc., SO; Com. v. Davis, 13 Bush, 318; Ky. Stats., secs. 2580, 2573; Desty Crim. Law, sec. 55; 1 Wharton Crim. Law, 291; 1 McClain Crim. Law, 552; 1 Bishop Crim. Law, 142; 10 Am. & Eng. Ency. of Law, 531; 28 Am. & Eng. Bncy. of Law,-202; 'Green v. State, 2 Cr. Mag., 463; Massie v. Com., 14 S. W. R., 419; Perrill v. Com., 1 Duv., 153; Hatfield v. Com., 11 Ky. Law Rep., 468; Com. v. Whipp, 80 Ky., 269; U. S. v.…
1Opinion of the Court
JUDGE WHITE
delivered the opinion oar the court.
Appellee was indicted in three counts for operating a lottery. The court sustained a demurrer to the third count of the indictment, and on trial of the two remaining counts there was a verdict of not guilty, and the Commonwealth appeals, in order to have the law settled.
The indictment reads:
“The grand jurors of the county of Jefferson, in the Commonwealth of Kentucky, in the name and by the authority of the Commonwealth of Kentucky, accuse John Rose of the crime of unlawfully, wickedly and feloniously setting-up, carrying on, conducting,…
2Cases cited1 opinion
- Miller v. CommonwealthCourt of Appeals of Kentucky · 1878
3Cited by3 opinions
- Hall v. HallCourt of Appeals of Kentucky · 1913
- Commonwealth v. Malco-Memphis Theatres, Inc.Court of Appeals of Kentucky (pre-1976) · 1943
- Commonwealth v. RoseCourt of Appeals of Kentucky · 1900