Lewis v. Commonwealth

WADDILL, Commissioner.

The appellant was convicted of making an unlawful arrest, as denounced by KRS 43S.1S0, and was sentenced to six years in prison. Appellant insists that the court erred in failing to sustain his demurrer to the indictment, because the indictment failed to allege facts or circumstances necessary to constitute an unlawful arrest.

The indictment charged the commission of the offense as follows:

“The said Fred, Lewis * * * did unlawfully arrest * * * James Payne with a pistol * * * and by threats and violence cause said James Payne to submit to the will * * * of Fred Lewis, and…