Kimbler v. Commonwealth

SIMS, Chief Justice.

Appellants, Hoppy Kimbler and Arthur Gullett, deputy sheriffs of Johnson County, were convicted of “feloniously arresting and imprisoning Earl McKenzie against his will without authority of law”, a crime denounced by KRS'435.150, and their punishment was fixed at confinement in the penitentiary for five years and a day. In seeking to reverse the judgment appellants insist the court erred: 1. in overruling their demurrer to the indictment; 2. in overruling their motion for a continuance; 3. in not instructing on the whole law of the case.

On the afternoon of December 26,…