State v. Keen

Citations

• 26 Del. 224
• 3 Boyce 224
• 82 A. 600
• 1912 Del. LEXIS 23

Syllabus

<p>1. Theaters and Shows—Conducting Without License—Offenses.</p> <p>26 Del. Laws, c. 16, § 11, provides that for each license to conduct an amusement park a license fee of $500 shall be paid, and section 13 provides that for each license to conduct or exhibit any other place of amusement for profit a fee of twenty-five dollars shall be paid. Held, that licenses were required to conduct a place of amusement, even within an amusement park which has been duly licensed, so that one conducting penny slot machines in a duly licensed amusement park was required to himself also pay a license fee under section 13.</p> <p>2. Trial—Province of Court.</p> <p>It is the province of the court to instruct the jury on the law.</p> <p>3. Theaters and Shows—Licenses—License of Partnership.</p> <p>Under the statute, persons conducting an amusement park, or an amusement therein, as a partnership, must take out a license in the partnership name, and not in the name of one of the partners.'</p>