Rose v. Commonwealth

Opinion op the Court by

Chiep Justice Hobson

Reversing.

Lapel Rose was indicted in the Pike Circuit Court for the murder of Lotta Maraschina, it being charged' in the indictment that he killed the deceased by stabbing him with a knife from which stabbing “the said Lotta Maraschino did then and there languish and die.” The defendant demurred to the indictment; his idlemurrer was overruled. The case coming on for trial, he was found guilty of manslaughter and his punishment fixed from 2 to 21 years in the penitentiary. He appeals.

The first question made on the appeal is. that the indictment does…