Bard v. Commonwealth

Opinion of the Court by

Commissioner Sandidge—

Affirming.

Appellant, Nathan Bard, prosecutes this appeal from a judgment of the Hopkins circuit court convicting him of the crime of rape and fixing his penalty at death by hanging. He, Bunyan Fleming and Columbus Hollis had been jointly indicted but separate trials were had.

His contention that, the demurrer to the indictment should have been sustained is without merit. The point made for him is that the indictment was not good because it charged him with the offense named both as principal as an aider and abetter of others named, who also…