Fowler v. Commonwealth

STEWART, Judge.

This appeal involves the validity of an indictment and the correctness of the instructions based upon it.' Appellant, Robert Eugene Fowler, was charged with the offense of dwelling-house breaking with the intent to steal property of value therefrom, in violation of KRS 433.180, and at a trial he was convicted and given two years in the1 penitentiary.

A demurrer was filed to the indictment on the theory that the offense consists of two acts, both of which must be proven: (1) The felonious breaking into the house and (2) the felonious taking away of something of value.therefrom,…