Deaton and Boggs v. Commonwealth

Opinion op the Court by

Judge Thomas

Reversing.

Tlie appellants and defendants below, Deaton and Boggs, were convicted in the Perry circuit court of eitlier tlie statutory crime denounced by section 1223 or that denounced by section 1241a~l of tlie Kentucky Statutes, but of which one they were accused and convicted cannot be ascertained from the indictment, since its language in the description of the offense,, of which defendants were accused, is broad enough to include the one denounced by either of those sections. Their punishment was fixed at confinnient in the penitentiary for one year…