Miller v. Commonwealth

Opinion of the Court by

Yan Sant, Commissioner

—Reversing.

Appellant, Charlie Miller, was convicted of the crime of rape committed upon Opal Mae Holden, a child under the age of twelve years. His punishment was fixed at life imprisonment in the State Reformatory. Noah Miller, his companion on the evening the crime was committed, was indicted for aiding and abetting appellant in the commission of the crime.

Appellant’s demurrer to the indictment was overruled, to which ruling he excepted. The indictment reads:

“Knox Circuit Court

“February Term, 1944

“The Commonwealth of Kentucky against Charles…