Cheek v. Commonwealth
Court of Appeals of Kentucky
Case 73 — INDICTMENT APPEAL EROM PAYETTE CIRCUIT COURT. 1. If the appellant is punishable at all, it is under section 10, chapter 47, General Statutes. (West v. Commonwealth, 3 J. J. Mar., 641; sec. 3, chap. 29, Gen. Stat.; 15 Pick., 231; 6 Serg. & Rawle, 5; 3 16., 273; 1 Rawle; 289; 5 lb., 64.) :2. The instruction given is error. (Smith v. Commonwealth, 6 B. Mon., 22.) 1. Pool-selling is no more nor less than permitting or inducing a bet on a horse-race.
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Case 73 — INDICTMENT APPEAL EROM PAYETTE CIRCUIT COURT. 1. If the appellant is punishable at all, it is under section 10, chapter 47, General Statutes. (West v. Commonwealth, 3 J. J. Mar., 641; sec. 3, chap. 29, Gen. Stat.; 15 Pick., 231; 6 Serg. & Rawle, 5; 3 16., 273; 1 Rawle; 289; 5 lb., 64.) :2. The instruction given is error. (Smith v. Commonwealth, 6 B. Mon., 22.) 1. Pool-selling is no more nor less than permitting or inducing a bet on a horse-race. The pool-seller is simply a stake-holder. 2. Although not indictable under the statute for suffering gaming in his house, appellant is…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
Appellant was indicted for the offense of ‘ ‘ keeping a disorderly house,” the specification being that he, for gain, habitually sold pools upon horse-races, and habitually procured idle' and evil-disposed persons to come to his house to buy pools, and to bet upon horse-races, to the common nuisance and annoyance of all good citizens. The evidence established that appellant sold pools upon races to be run in Kentucky and elsewhere, for which he received a commission in no way dependent upon the result of the race, and that there was no disorder or…
2Cited by29 opinions
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- Commonwealth v. Kentucky Jockey ClubCourt of Appeals of Kentucky (pre-1976) · 1931
- Utah State Fair Ass'n v. GreenUtah Supreme Court · 1926
- Harris v. United StatesDistrict of Columbia Court of Appeals · 1974
- Ex Parte RoperCourt of Criminal Appeals of Texas · 1910
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