Commonwealth v. Simonds
Court of Appeals of Kentucky
Case 127 — INDICTMENT APPEAL FROM FAYETTE CIRCUIT COURT. The contrivance used in selling “French pools” or “Paris mutuals” comes within the language and spirit of section 6, article 1, chapter 47, General Statutes. Any character of contrivance or device which involves chance or speculation as a source of gain deserves the penalty of the statute.
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Case 127 — INDICTMENT APPEAL FROM FAYETTE CIRCUIT COURT. The contrivance used in selling “French pools” or “Paris mutuals” comes within the language and spirit of section 6, article 1, chapter 47, General Statutes. Any character of contrivance or device which involves chance or speculation as a source of gain deserves the penalty of the statute. (Smith, &c., v. Commonwealth, MS. Op., September 15, 1881; Ritte v. Commonwealth, 18 B. M., 38; Com-monwealth v. Burns, 4 J. J. M., 177 ; Tallett v. Thomas, Law R: Q. B., 514-521.) The machines or contrivances intended to be embraced by the statute…
1Opinion of the Court
JUDGE HARGIS
delivered the opinion of the court.
The appellee was indicted for the offense of setting up, exhibiting, and keeping a contrivance used in betting, commonly known as “French pool.”
It is not disputed that the accused set up, exhibited, and used the contrivance known as “French pool,” and that tickets representing money were bought from, and registered by him on or by means of the “contrivance.”
*619And the only question in this case for our decision is, does, the sixth section of article i, chapter 47, General Statutes, embrace the contrivance known as “French pool?” ■
That part of the…
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