Legal Opinion

Arenz v. Commonwealth

Court of Appeals of Kentucky

Decided May 21, 1907Published

CASE 83 — PROSECUTION AGAINST H. J. ARENZ FOR KEEPING A DISORDERLY HOUSE Appeal from. McCracken Circuit Court. W. M. Reed, Circuit Judge. Defendant Convicted and appeals We rely for a reversal of this case on the case of Commonwealth v. McCarter, 25th Ky. Law. Rep., page 294, for we think that the indictments are similar. The indictment in this case does not charge with whom the betting or wagering was done, nor whether it was done with the appellant.

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CASE 83 — PROSECUTION AGAINST H. J. ARENZ FOR KEEPING A DISORDERLY HOUSE Appeal from. McCracken Circuit Court. W. M. Reed, Circuit Judge. Defendant Convicted and appeals We rely for a reversal of this case on the case of Commonwealth v. McCarter, 25th Ky. Law. Rep., page 294, for we think that the indictments are similar. The indictment in this case does not charge with whom the betting or wagering was done, nor whether it was done with the appellant. W?e do not think the indictment in this case charges in apt and sufficient language any public offense. We think that the demurrer ought to…

1Opinion of the Court

Opinion of the Court by

Judge Hobson

Affirming.

The grand jury of McCracken county returned an indictment against H. J. Arenz and others charging them with keeping a disorderly house, where, as charged in the indictment, “they unlawfully permitted divers persons to habitually assemble and habitually engage in buying, betting, wagering, and winning and losing money and property of value on the prospective rise and fall of prices on stocks, bonds, grain, cotton, meat, lard, and other products, but with no intention to deliver said stocks, bonds, grain, cotton, meat, lard, and other produce, to the…

2Cases cited3 opinions

  1. Smith v. CommonwealthCourt of Appeals of Kentucky · 1845
  2. Kneffler v. CommonwealthCourt of Appeals of Kentucky · 1893
  3. Walker v. CommonwealthCourt of Appeals of Kentucky · 1904

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