Commonwealth v. Henninger

Opinion of the Court by

Chief Justice Dietzman

Certifying the law.

The appellee was indicted under section 1161 of the Statutes for the larceny of certain oil and gas leases. A demurrer was sustained to the indictment and it was dismissed. The commonwealth has appealed for the purpose of having the law certified.

In the case of Clines v. Commonwealth, 221 Ky. 461, 298 S. W. 1107, 1109, which involved an indictment under the section of the Statutes here involved and which held the indictment in that case insufficient, after pointing out that at common law choses in action were not the subject of…