Bollinger v. Commonwealth

• Citation: 98 Ky. 574
• Parties: Bollinger v. Commonwealth. Sharp v. Commonwealth.
• Decision Date: 17 January 1896
• Court: Court of Appeals of Kentucky

Page 574

98 Ky. 574

Bollinger v. Commonwealth.

Sharp v. Commonwealth.

Court of Appeals of Kentucky.

January 17, 1896.

APPEALS FROM KENTON CIRCUIT COURT.

O'NEAL, PHELPS, PRYOR & SELLIGMAN FOR APPELLANTS.

W. W. CLEARY FOR APPELLEE.

JUDGE LEWIS DELIVERED THE OPINION OF THE COURT.

We will consider and determine these two cases together because, though appellants were indicted and tried separately, the offense charged against each is for maintaining and continuing a nuisance, and the statement of acts constituting the offense, except as to the particular locality in the city of Covington where committed, is, in each indictment, substantially the same, being as follows: "The said defendant (naming him), on the ____ day of June, 1893, in the county and State aforesaid, and before the finding of this indictment, and from that time up to and including the day of the finding of the indictment, did unlawfully suffer and permit divers persons to habitually assemble in a house in the city of Covington, in said county, viz. (describing it), the same being then and there in his occupation and under his control, and there engage in betting, winning and losing money on horse races, to the common nuisance of all the good citizens of the Commonwealth of Kentucky, then and there in the neighborhood passing and repassing, residing and being and having the right then and there to pass and repass and reside and be; and against the peace and dignity of the Commonwealth of Kentucky."

That a house where persons are permitted habitually to assemble to bet and win or lose money, whether with each other or with the owner, or whether on result of a horse race or turn of a playing card, is, in meaning of the law, a gaming house, and, therefore, common nuisance, is too well settled and plain for discussion.

The horse races bet on in these two cases were not nor could be run and decided in the actual presence of the gamblers, but were being made at distant places, between which and the gaming house was telegraph communication, through the medium of which the result of each race was as certainly known, and the money staked as readily passed to the winner, as if the transaction had been on a race track. And such gaming house is really more conducive of evil to the public morals than a race track, because those who assemble there are incited only by passion for gambling and cupidity.

Commission of the offense, as charged in each indictment, was shown beyond reasonable doubt by evidence entirely competent, and the jury was bound to find each defendant guilty; and we are not at all prepared to say the fine of $800 assessed in each...