McGeorge v. Commonwealth

Opinion op the Court by

Commissioner Creal

Reversing.

The appellant was convicted in the Estill circuit court under an indictment charging violation of that portion of section 1148a-7 of the Kentucky Statutes relating to officials in the discharge of their duties, and his punishment fixed at confinement in the state penitentiary for a period of two years.

He is here complaining that the court erred (1) in overruling the demurrer to the indictment and (2) in instructions given to the jury.

That portion of the section of the Statutes under consideration, which is pertinent, is as follows: “It shall…