Harper v. Commonwealth
Court of Appeals of Kentucky
Case 46 —INDICTMENT APPEAL FROM MADISON CIRCUIT COURT. 1. The statute under which appellant was tried and convicted is unconstitutional, because it inflicts a cruel punishment. (Old Constitution, art. 13, sec. 17.) 2. The indictment is too indefinite.
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Case 46 —INDICTMENT APPEAL FROM MADISON CIRCUIT COURT. 1. The statute under which appellant was tried and convicted is unconstitutional, because it inflicts a cruel punishment. (Old Constitution, art. 13, sec. 17.) 2. The indictment is too indefinite. It is not sufficient to charge that a game has been set up, conducted and carried on without stating where it was set up, carried on or conducted. 3. It was error to instruct the jury that they were authorized to find appellant guilty if they believed he set up or conducted a game for compensation “ in any form whatever.” The addition of the…
1Opinion of the Court
JUDGE BBUbTETT
delivered the opinion oe the coutt.
The appellant was indicted, tried and convicted of the statutory crime of setting up, conducting and carrying on a game of cards, called poker, for compensation or cpm- ■ mission, whereby money was won and lost.
*292The court’s instruction followed the language of the statute in reference to the acts necessary to constitute the crime charged, except after the word “compensation” the court added the words “ in any form whatever.” It is contended that the addition of these words was not authorized by the statute. But it seems to us that the additional…
2Cited by10 opinions
- Lakes v. GoodloeCourt of Appeals of Kentucky · 1922
- In Re O'SheaCalifornia Court of Appeal · 1909
- Weber v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1946
- Meader v. CommonwealthCourt of Appeals of Kentucky · 1962
- Fry v. CommonwealthCourt of Appeals of Kentucky · 1915
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