Commonwealth v. Enright

Decided February 5, 1909

Court of Appeals of Kentucky · decided 1909-02-05

CASE 85. — PROCEEDINGS BY THE COMMONWEALTH AGAINST D. J. ENRIGHT AND OTHERS AND AGAINST GEORGE HUBER AND OTHERS. Appeal from Campbell Circuit Court. C. W. Yungblut, Circuit Judge. Prom a judgment dismissing the petitions the Commonwealth appeals

Relies on Respass v. Comth. ex rel. Atty. Gen'l · Pittmon v. Flowers

Reversed · Decided 1909-02-05

¶1Opinion op the Court by

Judge Horson

¶2Reversing.

¶3The facts of these cases are in effect the same as in the cases of Respass v. Commonwealth (this day decided) 131 Ky. 805, 115 S. W. 1131; the only difference in the eases being that in these cases the circuit court dismissed the petition of the Commonwealth upon a final hearing of the cases.

¶4For the reasons set out in the opinion this day delivered in the cases referred to, the judgment of the circuit court is reversed, and the cases are remanded to the circuit court, with directions to enter a judgment restraining the defendants from operating-a poolroom in the property described in tbe petition, and for further proceedings consistent herewith.