Commonwealth v. Avery
Court of Appeals of Kentucky
Cases 36, 37, 38, 39 — PETITIONS ORDINARY APPEALS FROM JEFFERSON COMMON PLEAS COURT. 1. It was not necessary to allege, in the plaintiff’s petition to recover the money bet and won and received by the defendant, that the defendant had been previously indicted and convicted of the offense of betting on an election, under section 1, article 2, chapter 47, General Statutes. There is a distinction between the offense of “ betting ” and receiving the thing wagered.
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Cases 36, 37, 38, 39 — PETITIONS ORDINARY APPEALS FROM JEFFERSON COMMON PLEAS COURT. 1. It was not necessary to allege, in the plaintiff’s petition to recover the money bet and won and received by the defendant, that the defendant had been previously indicted and convicted of the offense of betting on an election, under section 1, article 2, chapter 47, General Statutes. There is a distinction between the offense of “ betting ” and receiving the thing wagered. One may be punished by indictment, the other “ forfeits,” and the amount or thing so received and forfeited may be recovered “by any…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
This appeal in Commonwealth v. Avery was taken from • the judgment of the court below sustaining a general demurrer to the following petition:
“The plaintiff, the Commonwealth of Kentucky, states that on the 7 th day of December, 1875, an election was held under the laws and constitution of this Commonwealth for the office of mayor of the city of Louisville. Plaintiff states that on the — day of November, 1875, the defendant and Samuel L. Avery wagered or bet upon the result of said election, with one Thomas H. Hays, the sum of ten thousand,…
2Cases cited11 opinions
- Commonwealth v. JonesCourt of Appeals of Kentucky · 1874
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3Cited by11 opinions
- Lakes v. GoodloeCourt of Appeals of Kentucky · 1922
- City of Louisville v. WehmhoffCourt of Appeals of Kentucky · 1903
- Commonwealth v. ShermanCourt of Appeals of Kentucky · 1887
- Ballard v. Board of Trustees of Police Pension FundIndiana Supreme Court · 1975
- State v. McConnellSupreme Court of New Hampshire · 1899
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