Legal Opinion

Kneffler v. Commonwealth

Court of Appeals of Kentucky

Decided May 18, 1893PublishedCited by 6 opinions

Case 63 — INDICTMENT— The case at bar comes within the rules laid down in Sawyer, Wallace & Oo. v. Taggart, 14 Bush, 231, 232, and is unlike the cases of Smith v. Western -Union Telegraph Co., 84 Ky., 664, and Beadles, Wood &■ Co. v. McElrath & Co., 85 Ky., 230. The “ buying ” and " selling ” .of stocks, grain, &c., without any intention-of making actual delivery or of receiving the property so bought or sold, but merely for the purpose of speculating on the prospective-rise…

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Case 63 — INDICTMENT— The case at bar comes within the rules laid down in Sawyer, Wallace & Oo. v. Taggart, 14 Bush, 231, 232, and is unlike the cases of Smith v. Western -Union Telegraph Co., 84 Ky., 664, and Beadles, Wood &■ Co. v. McElrath & Co., 85 Ky., 230. The “ buying ” and " selling ” .of stocks, grain, &c., without any intention-of making actual delivery or of receiving the property so bought or sold, but merely for the purpose of speculating on the prospective-rise and fall of prices, constitutes gambling, and a place where persons habitually assemble for that purpose is a…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OF THE COURT.

Appellants were convicted of the offense of keeping a disorderly house, charged in the indictment to have been committed by them in occupying and controlling, under the firm name of Gf. W. Kneffier- &• Co., a house in the city of Lexington, where they unlawfully permitted divers persons to habitually assemble and habitually engage in betting, winning and losing money and property, on the prospective rise- and fall in stocks, bonds, grain and other produce, to the common nuisance and annoyance of all citizens-of the Commonwealth of Kentucky, and…

2Cases cited4 opinions

  1. Cheek v. CommonwealthCourt of Appeals of Kentucky · 1881
  2. Smith v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1887
  3. Beadles, Wood & Co. v. McElrath & Co.Court of Appeals of Kentucky · 1887
  4. Lyons v. HodgenCourt of Appeals of Kentucky · 1890

3Cited by6 opinions

  1. Thrower v. StateSupreme Court of Georgia · 1903
  2. Ehrlick v. CommonwealthCourt of Appeals of Kentucky · 1907
  3. Enright v. CommonwealthCourt of Appeals of Kentucky · 1920
  4. Bitzer v. CommonwealthCourt of Appeals of Kentucky · 1911
  5. Arenz v. CommonwealthCourt of Appeals of Kentucky · 1907

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