COMMONWEALTH v. WELCH


243 S.W.2d 909 (1951)

COMMONWEALTH v. WELCH et al.

Court of Appeals of Kentucky.

November 21, 1951.


Attorney(s) appearing for the Case

A. E. Funk, Atty. Gen., Guy L. Dickinson, Asst. Atty. Gen., for appellant.

Frank Ginocchio, Lexington, for appellee.


MORRIS, Commissioner.

The Commonwealth appeals from an order dismissing an indictment charging appellees 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...

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