Johnson v. Commonwealth

Opinion op the Court by

Hobson, Commissioner

Affirming.

Harvey Douglass, Hobart Hart, Ernest Johnson, and Julias McNailey were indicted in the Boyd circuit court for the offense of unlawfully and feloniously having in their possession burglar’s tools, with the intention of using the tools burglariously. Johnson was placed on trial. He was found guilty and his punishment fixed at five years ’ imprisonment. He- appeals.

The first question made is that the defendant’s demurrer to the indictment should have been sustained. ■Section 1159, Kenutcky Statutes, provides:

“If any person shall have or…