Miller v. Commonwealth
Court of Appeals of Kentucky
Case 32 — INDICTMENT APPEAL FROM FAYETTE CIRCUIT COURT. 1. Each section of art. 23, chap. 29, General Statutes, was intended to define and punish a different class or grade of offense.
Read the full summary
Case 32 — INDICTMENT APPEAL FROM FAYETTE CIRCUIT COURT. 1. Each section of art. 23, chap. 29, General Statutes, was intended to define and punish a different class or grade of offense. Eor the offense described in section 1, a fine of from $500 to $10,000 is imposed, while for the offense described in section 3, a fine from $100 to $1,000 is imposed. 2. The acts of selling or advertising lottery tickets, etc., as in section 3, are not included in the terms “set up, draw, manage, or otherwise promote any lottery,” etc., as in section 1. To set up, or draw, or manage a lottery means to…
1Opinion of the CourtChief Justice Lindsay
It is averred in the indictment that “the said Henry Miller on the 1st day of December, 1875, in the county aforesaid, and at divers times between that date and the 1st day of November immediately preceding, unlawfully promoted and aided in promoting the disposal of money and other things of value by way of lottery, in that he did, upon said date and 'during the time aforesaid, induce others for valuable considerations to take chances in the drawings and pretended drawings of a certain lottery called the Kentucky State Lottery, upon the issue of which drawings money and other things of value…
2Cases cited2 opinions
- Commonwealth v. BiermanCourt of Appeals of Kentucky · 1877
- Commonwealth v. BullCourt of Appeals of Kentucky · 1878
3Cited by5 opinions
- Commonwealth v. Malco-Memphis Theatres, Inc.Court of Appeals of Kentucky (pre-1976) · 1943
- Commonwealth v. RoseCourt of Appeals of Kentucky · 1900
- Ruh v. CommonwealthCourt of Appeals of Kentucky · 1911
- State v. WilliamsSupreme Court of Vermont · 1936
- People v. FontanaSupreme Court of Puerto Rico · 1910