Commonwealth v. Bain

Opinion op the Court by

Creal, Commissioner—

Beversing.

Joe Bain was indicted by the grand jury of Bell county for the crime of unlawfully and fraudulently converting money and property of the city of Pineville to his own use or to the use of another. A demurrer was interposed to the indictment which was sustained by the court, and the commonwealth has prosecuted this appeal under section 337 of the Criminal Code of Practice.

The indictment, in substance, alleges that, at the time of the commission of the alleged offense, Allie Bain was the duly and legally elected, qualified, and acting tax…