Cheek v. Commonwealth
Court of Appeals of Kentucky
Case 1 — INDICTMENT APPEALS PROM PAYETTE CIRCUIT COURT. 1. To be guilty of the offense designated in section 1977 of the Kentucky Statutes one must actually engage in the “game” or be the active agent i» determining the act or acts constituting the “hazard.” It is essentially different from the provisions of chapter 47. section 11 of the General Statutes, which embraced persons “playing or betting at any game or wager.”
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Case 1 — INDICTMENT APPEALS PROM PAYETTE CIRCUIT COURT. 1. To be guilty of the offense designated in section 1977 of the Kentucky Statutes one must actually engage in the “game” or be the active agent i» determining the act or acts constituting the “hazard.” It is essentially different from the provisions of chapter 47. section 11 of the General Statutes, which embraced persons “playing or betting at any game or wager.” If, therefore, it was not against the law to bet on horse races, the appellant was not guilty of keeping a disorderly house. 1. One must not necessarily be engaged in a “game”…
1Opinion of the Court
JUDGE HAZEKRIGG
delivered the opinion of the court:
These two indictments charge the appellant with the offense of keeping a disorderly, house by suffering, procuring and permitting divers evil-disposed persons to habitually frequent certain rooms under his control, and there to be and remain and habitually engage in betting, winning and losing money and other property on horse races to the common nuisance and annoyance of the good citizens of the Commonwealth, etc.
Demurrers were filed and overruled. A judgment was thereupon rendered for-$500 in each case, from which these appeals are…
2Cases cited1 opinion
- Cheek v. CommonwealthCourt of Appeals of Kentucky · 1881
3Cited by8 opinions
- Pompano Horse Club, Inc. v. State Ex Rel. BryanSupreme Court of Florida · 1927
- Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
- State Racing Commission v. Latonia Agricultural Ass'nCourt of Appeals of Kentucky · 1909
- Lindlay v. RaydureDistrict Court, E.D. Kentucky · 1917
- Bentler v. CommonwealthCourt of Appeals of Kentucky · 1911
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