Commonwealth v. First Christian Church

Opinion of the Court by

Judge Hurt

Overruling petition for rehearing and modifying opinion. Por opinion see 169 Ky. 410.

The petition for rehearing calls attention to the fact, that the proceeding by the Commonwealth against the appellee, John P. Starks, was an appeal from a judgment by which a demurrer was sustained to the petition of appellant, and expresses a fear that under *63the terms of the opinion, npon the return of the case to the court, below, the appellee would be precluded from filing an answer and offering any valid defense, that he may have, based npon the facts of the controversy.…