Dills v. Commonwealth

Opinion of the Court by

Morris, Commissioner—

Reversing.

Appellant was convicted of the offense of setting np and operating a game of chance. Kentucky Statutes, Section 1960. The indictment charged that Dills, operated a poker game for compensation, “take out,” per■centage or commission. The jury fixed his punishment at a fine of $500 and confinement in the Reformatory for two years. In grounds for a new trial, among others, it was contended: The court should have sustained his motion for a directed verdict. As we read the evidence, we find that three police officers visited a restaurant…