Goose v. Commonwealth Ex Rel. Dummit, Attorney General

205 S.W. 2d 326 (1947)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

The Goose brothers (D) ran an illegal gambling establishment and saloon, called the 'Sycamore Cafe.' Numerous raids by police officers revealed extensive taking of bets on horse races and other forms of gambling with cards, dice and other devices. Ds were arrested a number of times on charges. The records show that all of these charges were 'filed away' in court, although on a few occasions Ds paid petty fines for disorderly conduct. Numerous others were arrested at the same place for the same offenses. Most of them were employees conducting the operations, or stooges to 'take the rap.' The processes of the criminal courts seem to have broken down in dealing with this place and these men. As a consequence, the Commonwealth (P) has invoked the processes of the court of equity and obtained an injunction against the named persons to abate their use of the property for the unlawful purposes. Ds seek to escape the restraint, obtain their release from the injunction and stay the hand of the law by appealing to this court.