State v. Ensminger

Defendants Clay Ensminger and Elmo Beckemeier were charged, convicted, and sentenced pursuant to RCW 9.47.060 on two counts of bookmaking by receiving “a bet or wager upon the result of a contest or trial of speed or endurance between horses.” Each defendant was sentenced to 90 days in the county jail, placed on probation for 3 years, and ordered to pay costs. They claim they were denied equal protection of the law.

It is a fundamental principle of constitutional law that, in the administration of criminal justice, no person shall be subjected, for the same offense, to any greater or different…