Durham v. Commonwealth

Opinion op the Court by

Chief Justice Dietzman

Reversing.

The appellant was thrice indicted in the Campbell circuit court. His attorneys and the commonwealth have practiced these cases throughout on the theory that he was indicted each time for a violation of section 1160 of the Kentucky Statutes, which provides, in substance, that if any person with an offensive weapon shall unlawfully and maliciously assault or in a forcible or violent manner demand any money, goods, or other things of value from any person with an intent to rob or commit a robbery upon such person, he shall be confined in the…