Acree v. Commonwealth

Opinion op the Court by

Judge Richardson—

Reversing.

Orie Aeree and three others were charged in an indictment with the crime of entering into a conspiracy to break and enter the storehouse of another.

*218Orie Aeree requested and was granted a separate trial. He demurred to the indictment and the court overruled his demurrer. In the accusatory part of the indictment the appellant and his associates were charged with “the crime of entering into a conspiracy to break and enter into the storehouse of Will Brown.” The descriptive portion of the indictment charged that the defendant and his associates…