¶1dissenting: I disagree with the majority opinion because the statutory language found in K.S.A. 21-4303(b) and K.S.A. 21-4302(5) is clear and unambiguous. There is no statutory requirement that more than one instance of gambling occur before a premises is rendered a gambling place. Judicial Council notes are not the equivalent of statutory law.
¶2Additionally, I disagree with the majority that the district court erred when instructing the jury. The district court’s instructions were properly based upon statutory language and not Judicial Council notes.
¶3I would affirm.