Evans v. Commonwealth

CULLEN, Commissioner.

“Entering” is not a required element of the offense of storehouse breaking, defined in KRS 433.190, for which appellant was indicted. See Henry v. Commonwealth, 169 Ky. 548, 184 S.W. 870; Kidd v. Commonwealth, 273 Ky. 300, 116 S.W.2d 636. The words “and entered” in the charge of the indictment that the appellant “broke and entered” the storehouse therefore may be treated as surplus-age. Cf. Stringer v. Commonwealth, 192 Ky. 318, 233 S.W. 718; Profitt v. Commonwealth, Ky., 281 S.W.2d 898. Those words being surplusage, it was not necessary for the Commonwealth to prove an…