Duke v. Commonwealth

Opinion op the Court by

Judge Ratlipp

Affirming.

Appellant was convicted of the offense of knowingly receiving stolen property and sentenced to serve 2% years in the penitentiary. He appeals.

As grounds, for reversal, it is contended that the trial court erred in not" sustaining a demurrer to the indictment; in admitting incompetent evidence to be introduced against the appellant; in failing to give a peremptory instruction to find the appellant not guilty; and that the commonwealth’s attorney was guilty of misconduct.

In support of Ms contention that the court should have sustained his demurrer…