Turner v. Commonwealth

*458Carroll Eugene Turner, Jr., was tried by a jury and convicted of operating “an illegal gambling enterprise, activity or operation” in violation of Code § 18.2-328. On appeal, Turner contends, among other things, that the evidence was insufficient to prove he was an “operator” as that term is defined in the gambling statute. We agree with Turner and will reverse his conviction.

Turner’s arrest resulted from an undercover surveillance operation conducted by the Lynchburg Police Department in 1981. Turner was observed frequenting locations where the police suspected gambling activities. On one…