112 Ky. 355 | Ky. Ct. App. | 1901
Opinion of the court by
Affirming.
The indictments charge the appellee with the offense of unlawfully keeping’ and maintaining a common nuisance. Jt is averred in them that Ed. Alvey and others had1 a house in the city of Louisville, commonly called “The Kingston,” in their occupation and under their 'control, and habitually «old pools upon horse races run at various cities and places in the United States, and did habitually suffer, permit, and procure divers idle and evil disposed persons to habitually assemble in that house, who. engaged in betting,
It will be observed that the Kingston is averred to be under the control and management! of Alvey and others. It is not averred that the appellee had any control of or management of the building. Neither is it averred that it was engaged in keeping or maintaining a common nuisance except as stated. The essence of the charge against it is that it transmitted over its line information which enabled Alvey and the evil-disposed persons who assembled
The judgment is affirmed.