Commonwealth v. Welch

MORRIS, Commissioner.

The Commonwelath appeals from an order dismissing an indictment charging ap-pellees with engaging in the occupation of receiving or transmitting wagers on horse races, one of the offenses denounced by KRS 436.490.

The indictment both in the accusatory and descriptive parts, follows the precise language of the statute, and specifically charges that the “occupation” was carried on “at a room or building located at 181 North Limestone Street, Lexington, Kentucky * * * It alleges that the business was not carried on in an enclosure where licensed horse races are conducted;…