Ellis v. Commonwealth
Court of Appeals of Kentucky
Case 26—INDICTMENT APPEAL FROM OLDHAM CIRCUIT COURT. 1. The indictment contains allegations derived from the 7th and also the 8th section of article 28, chapter 29, and, therefore, two separate offenses are blended. 2. The demurrer should have been sustained. ■ (Commonwealth v. Powell, 8 Bush, 7; Crim. Code, secs. 127, 165; Gen. Stat., 359, 339, 335.) 1. The words “ willfully and unlawfully” characterize the charge against appellant. 2. The demurrer came too late. (Crim.
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Case 26—INDICTMENT APPEAL FROM OLDHAM CIRCUIT COURT. 1. The indictment contains allegations derived from the 7th and also the 8th section of article 28, chapter 29, and, therefore, two separate offenses are blended. 2. The demurrer should have been sustained. ■ (Commonwealth v. Powell, 8 Bush, 7; Crim. Code, secs. 127, 165; Gen. Stat., 359, 339, 335.) 1. The words “ willfully and unlawfully” characterize the charge against appellant. 2. The demurrer came too late. (Crim. Code, secs. 122, 157, 162, 171, 172; Gen. Stat., 246, 359; 2 Met., 374; Ibid, 485; 5 Bush, 317; 10 Ibid, 477; 8 Ibid, 2; 13…
1Opinion of the Court
JUDGE HARGIS
delivered the opinion of the court.
The indictment accuses the appellant "of the offense of unlawfully injuring and destroying real property of valúe not his own.”
The 7th section of article 28, chapter 29, General Statutes, provides, ‘ ‘ If any person unlawfully, but not with felonious Intention, take, carry away, deface, destroy, or injure any real .... property of value not his own, .... he shall ¡be fined not less than ten nor more than two thousand dollars.”
The accusation was clearly for an alleged violation of the 7th section of the statute, which it literally follows. A…
2Cases cited1 opinion
- Commonwealth v. TurnerCourt of Appeals of Kentucky · 1871
3Cited by13 opinions
- Bowling v. CommonwealthCourt of Appeals of Kentucky · 1922
- Mobley v. CommonwealthCourt of Appeals of Kentucky · 1921
- Caudill v. CommonwealthCourt of Appeals of Kentucky · 1924
- Walker v. CommonwealthCourt of Appeals of Kentucky · 1922
- Stephens v. CommonwealthCourt of Appeals of Kentucky · 1915
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