Clay v. Commonwealth.

Opinion op the Court by

Judge Rees

Reversing.

The appellant was indicted in the Clark circuit court charged with the offense denounced by section 1201b, Kentucky Statutes, and upon his trial was found guilty and his punishment fixed at confinement in the penitentiary for one year.

The only ground relied on for reversal is the failure of the trial court to sustain a demurrer to the indictment. The accusatory part of the indictment is as follows:

"The commonwealth of Kentucky accuses Henry Clay of the crime of unlawfully and feloniously appropriating to his own use property in the possession of a…