Ky. Rev. Stat. » Chapter 436

Ky. Rev. Stat. § 436.230

Repealed, 1975

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Catchline at repeal: Operating gambling machine, game or contrivance -- Pools at race tracks and pinball machines exempted. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Amended 1966 Ky. Acts ch. 5, sec. 1. -- Amended 1950 Ky. Acts ch. 145, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1960, 1961.

Notes of Decisions
Cited in 25 cases, 1946–1974 · leading case: Gilley v. Commonwealth
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Gilley v. Commonwealth (1950) kyctapphigh · cites it 5× “the court erred in sustaining the motion for a forfeiture because a seizure of money in violation of KRS 436.230 is not authorized by law unless the money is used as a stake or exhibit to allure persons to wager; 2.”
AB Long Music Company v. Commonwealth (1968) kyctapphigh · cites it 4× “” KRS 436.230 specifically forbids the “setting up, keeping, managing, operating or conducting a keno bank, faro bank or other machine or contrivance used in betting” and fixes severe punishment for violation of the statute.”
Gilley v. Commonwealth (1950) kyctapp · cites it 3× “the court erred in sustaining the motion for a forfeiture, because a seizure of money in violation of KRS 436.230 is not authorized by law unless the money is used as a stake or exhibit to allure persons to wager; 2.”
LeGrande v. Commonwealth (1973) kyctapphigh · cites it 3× “Gordon Dale LeGrande, Frederick Paul Joseph, and Roger Withers were indicted on several counts of setting up or assisting in setting up a gambling contrivance (specifically, football-game point-spread cards) in violation of KRS 436.230. LeGrande was convicted on five counts, and…”
Beets v. Commonwealth (1969) kyctapp · cites it 3× “Later the grand jury indicted Beets for the offense of keeping, managing, setting up and operating “a pinball machine, in the Moose Lodge * * * whereby money was won or lost on said machine * * * the same being classified and taxed as a gaming device under the Internal Revenue…”
Three One-Ball Pinball Machines v. Commonwealth (1952) kyctapp · cites it 4× “280 provides in part: “Any bank, table, contrivance, machine or article used for carrying on a game prohibited by KRS 436.230, * * * may be seized * * * and upon conviction of the person setting up or keeping the machine or contrivance, the money or other articles shall be…”
United States v. Two Coin-Operated Pinball MacHines (1965) kywd · cites it 2× “The respondent machines are not specifically enumerated as lawful devices in Section 436.230(5), Kentucky Revised Statutes.”
Meader v. Commonwealth (1962) kyctapp · cites it 3× “The grand jury of Kenton County returned two indictments against the appellant Edward Meader, each charging the offense of setting up and operating a gambling contrivance in violation of KRS 436.230. By agreement the two indictments were tried together in the Kenton Circuit…”
Davis v. Commonwealth (1955) kyctapphigh · cites it 6× “Elmer “Frenchy” Davis was convicted of the offense of setting up, carrying on, operating, and conducting a game of craps whereby money was won and lost, as denounced by KRS 436.230. The punishment imposed was a fine of $500 and confinement in the state penitentiary for one year.”
Gastineau v. Bradley (1952) kyctapp “See KRS 436.230 and 436.280. It is a fundamental principle of equity that parties seeking its aid must come with clean hands.”
Duke v. Commonwealth (1971) kyctapp “KRS 436.230. He appeals. We affirm. The appellant, as proprietor of the Thoroughbred Supper Club in Christian County, offered to the general public dining accommodations and the availability of a bar.”
City of Owensboro v. Smith (1964) kyctapp · cites it 3× “The trial judge found the pinball machine is activated by the insertion of a 5‡ coin, and “in its construction, operation and use meets the qualifications of * * * KRS 436.230(5), which exempts devices similar in all respects to the one owned and operated by the Owensboro…”
Show all 25 citing cases →
— Ky. Rev. Stat. § 436.230(1) — 2 cases
Beets v. Commonwealth (1969) kyctapp “Later the grand jury indicted Beets for the offense of keeping, managing, setting up and operating “a pinball machine, in the Moose Lodge * * * whereby money was won or lost on said machine * * * the same being classified and taxed as a gaming device under the Internal Revenue…”
Trowbridge v. Commonwealth (1963) kyctapp
— Ky. Rev. Stat. § 436.230(3) — 1 case
AB Long Music Company v. Commonwealth (1968) kyctapphigh “” KRS 436.230 specifically forbids the “setting up, keeping, managing, operating or conducting a keno bank, faro bank or other machine or contrivance used in betting” and fixes severe punishment for violation of the statute.”
— Ky. Rev. Stat. § 436.230(5) — 3 cases
United States v. Two Coin-Operated Pinball MacHines (1965) kywd “The respondent machines are not specifically enumerated as lawful devices in Section 436.230(5), Kentucky Revised Statutes.”
City of Owensboro v. Smith (1964) kyctapp “The trial judge found the pinball machine is activated by the insertion of a 5‡ coin, and “in its construction, operation and use meets the qualifications of * * * KRS 436.230(5), which exempts devices similar in all respects to the one owned and operated by the Owensboro…”
City of Paducah v. Johnson Bonding Co. (1974) kyctapp
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