Commonwealth v. Magowan
Court of Appeals of Kentucky
CASE 2 — INDICTMENT APPEAL FROM FLEMING CIRCUIT COURT. -Ttoffacts sufficiently appear in the opinion of the court. If betting on an election for president of the United States, embracing all of the states, comes within the spirit and intention of the act of 1854, the verdict of the jury should have been for the commonwealth.
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CASE 2 — INDICTMENT APPEAL FROM FLEMING CIRCUIT COURT. -Ttoffacts sufficiently appear in the opinion of the court. If betting on an election for president of the United States, embracing all of the states, comes within the spirit and intention of the act of 1854, the verdict of the jury should have been for the commonwealth. The bet was made in this state, on the result of an election held under the laws of the United States, and within the letter and spirit of that act. 1. The indictment fails to show that the bet was complete. To constitute a bet both parties must have assented. Therefore…
1Opinion of the Court
JUDGE WOOD
DELIVERED THE OPINION OF THE COURT:
This was an indictment under the act of assembly passed at the session 1853-4, (see Session Acts,p. 72,) against the defendant, charging him with the offense of betting on an election.
The indictment describes the character and circumstances of *369the bet with particularity. There is an effort to allege specifically the maimer and form of the bet.
In regard to what the bet was, there was a considerable variance between the evidence and the allegations of the indictment. The bet as proved was different from the bet as alleged.
The circuit court instructed…
2Cases cited1 opinion
- Clark v. CommonwealthCourt of Appeals of Kentucky · 1855
3Cited by24 opinions
- Beard v. DedolphWisconsin Supreme Court · 1871
- Lancaster National Bank v. TaylorMassachusetts Supreme Judicial Court · 1868
- La Due v. First National BankSupreme Court of Minnesota · 1883
- Merritt v. JacksonMassachusetts Supreme Judicial Court · 1902
- Commonwealth v. HeathCourt of Appeals of Kentucky · 1896
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