International Shoe Co. v. Commonwealth

Opinion op the Court by

Van Sant, Commissioner

Reversing.

Appellant was indicted, convicted, and fined $100 and costs, for violating the provisions of KRS 118.340. A demurrer was filed to the indictment, whereupon, over the objection of appellant, the Commonwealth’s Attorney was permitted to amend the indictment. Section 126, Subsection 5, of the Criminal Code of Practice, provides: “The court may at any time cause the indictment to be amended in respect of any defect, imperfection or omission in the matter of form only.” This provision of the Code was enacted by the General Assembly in its…