Kentucky Revised Statutes
Ky. Rev. Stat. § 436.240 (2026)
Repealed, 1975
✓ current as of May 2026
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Catchline at repeal: Permitting operation of gambling device on premises. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1967.
Notes of Decisions
Cited in 5
cases, 1943–1969 · leading case: Detroy v. Ropke, 447 S.W.2d 105 (Ky. Ct. App. 1969).
Detroy v. Ropke, 447 S.W.2d 105 (Ky. Ct. App. 1969). “Detroy contends that to try him for an alleged offense under this statute will unconstitutionally place him in double jeopardy, inasmuch as he had already been convicted in the Louisville Police Court of a violation of KRS 436.240 as the result of what he contends to be the same…”
Trowbridge v. Commonwealth, 369 S.W.2d 6 (Ky. Ct. App. 1963). “Appellant was convicted of violating KRS 436.240 and fined $250.00. On appeal he contends he could not be charged with a crime under this section of the statutes.”
Miller, Com'r. of Fin. v. Franklin Cnty., 195 S.W.2d 315 (Ky. Ct. App. 1946). “The owners of the respective premises upon, or in which the slot machines were operated by lessees were arraigned before the county judge and each plead guilty of permitting the operation ■of the captured machines upon their respective premises and were fined as directed by KRS…”
Gibson v. Commonwealth, 302 S.W.2d 128 (Ky. Ct. App. 1957). “2d 936 , it was held that erroneous instructions covering the misdemeanor of permitting operation of gambling devices on premises (KRS 436.240, formerly K.S. § 1967) was not prejudicial when the jury convicted accused of the felony of setting up and operating a game of chance…”
Herron v. Commonwealth, 170 S.W.2d 861 (Ky. Ct. App. 1943). “Herron could have been required to execute a $100 bond under KRS 436.240 and KRS 436.220, is also beside the point, because the forfeiture in the amount of $1,000 was not based upon the charge that he had suffered gaming on his premises within 12 months after the execution of…”
— Ky. Rev. Stat. § 436.240(1) — 1 case
Trowbridge v. Commonwealth, 369 S.W.2d 6 (Ky. Ct. App. 1963). “Appellant was convicted of violating KRS 436.240 and fined $250.00. On appeal he contends he could not be charged with a crime under this section of the statutes.”
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