Page v. Commonwealth

Opinion of the Court by

Judge Grigsby

Reversing.

The appellant was tried on a charge of grand larceny. He was found guilty and sentenced to confinement in the penitentiary for a period of one year. He filed a motion in arrest of judgment; same was overruled. His motion and grounds for a new trial having also been overruled he prosecutes this appeal.

The indictment did not charge that the taking of the property in question was done against the will or without the consent of the owner.

This court held this to be a fatal defect in the case of Hudspeth v. Commonwealth, 195 Ky. 4, 241 S. W. 71. Also in…