Commonwealth v. Gabbard

Opinion of the Court by

Judge Moorman

Certifying the law.

On the first appeal of this case the judgment was reversed because-the lower court refused to instruct the jury peremptorily to find the defendant not guilty. Gab-bard v. Commonewalth, 193 Ky. 460. On the return of the ease and its resubmission to the grand jury a new indictment was returned, charging that defendant and his co-defendants therein, five in number, entered into á conspiracy to do the unlawful act of taking Bessie Allen from her home for immoral purposes, and in the course of-prosecuting their common purpose shot and killed…