Commonwealth v. Gritten

Opinion of the Court by

William; Rogers Clay, Commissioner

Reversing.

Walter Gritten was indicted by the grand jury of Anderson county for the offense denounced by section 1967, Kentucky Statutes, of suffering and permitting to be set up and conducted on premises under his control, certain gambling machines and contrivances prohibited by section 1960, Kentucky Statutes. At the conclusion of the evidence, defendant’s motion for a peremptory instruction was sustained and the jury returned a verdict of acquittal. Judgment was entered accordingly and the Commonwealth appeals.

The indictment charges,…