Moore v. Commonwealth

Opinion op the Court by

Judge Sims

Reversing.

Appellant, Roy Moore, was indicted under KRS 432.370 for forcibly escaping the Knox County jail while confined therein on a charge of house breaking. His trial resulted in a conviction with his punishment being-fixed at confinement for one year in the penitentiary, and on this appeal he complains: 1, that his demurrer should have been sustained to the indictment; 2, that he used no force in breaking jail, hence under the statutes denouncing- that offense he was entitled to a directed verdict; 3, that the judgment upon which he was confined in jail at…