Commonwealth v. Malco-Memphis Theatres, Inc.

Opinion op the Court by

Judge Rees

Reversing.

This is an appeal by the Commonwealth of Kentucky from a judgment of the Daviess circuit court sustaining a demurrer to and dismissing an indictment against Malco-Memphis Theatres, Inc., a corporation engaged in the business of managing and operating motion picture theatres in the city of Owensboro. The indictment charged appellee with “unlawfully, wickedly, and feloniously setting up, carrying on, conducting, managing, operat ing, drawing a,nd otherwise promoting a lottery and gift enterprise, wherein and whereby a 1941 Ford Sedan Automobile or…