Commonwealth v. Resing

CLAY, Commissioner.

The Commonwealth requests a certification of the law concerning the correctness of a trial court order sustaining a demurrer to an indictment against appellee.

The indictment reads:

“The said Joseph Resing in the said county of Franklin, on the 17th day of January A.D., 1957, and within twelve (12) months before the finding of this indictment, did unlawfully, zvilfully and feloniously on or about October 11, 1956, the said Joseph Resing, he being then an employee of the Department of Economic Security of Kentucky, an agency of the state government of the Commonwealth of…