Hines v. Commonwealth

Opinion op the Court by

Judge Thomas

Reversing.

The appellant, Otis Hines, upon an appeal from the Maysville Police Court was convicted in the Mason Circuit Court on a warrant charging him with breach of the peace. The penalty was fixed at the maximum of 50 days in jail and $100 fine. KRS 437.010. His- motion for an appeal is sustained.

The warrant merely charges the defendant with the commission of the offense of a breach of the peace without stating any particular fact or circumstance. The evidence authorized and the instructions submitted a case of'indecent exposure of his person. The…