Moore v. Commonwealth

Opinion op the Court by

Judge Ratlipp

Reversing.

This' appeal is from a judgment of the Knox circuit court sentencing appellant to the state penitentiary for nine years on an indictment charging him with the offense of dwelling house breaking.

The appellant had been inducted into the United States Army in April, 1943, and stationed at Camp Haan, California. On September 12, 1943, he was granted a furlough which expired September 28, 1943. He did not report back to his camp on September 28, or at all; but stayed at the home of his father, Perry Moore, who lives in Knox county, Kentucky. On October…