Luster v. Commonwealth

CULLEN, Commissioner.

The appellants, Bert Luster and Donald Smith, were given two-year sentences upon conviction of violating KRS 433.190, which prohibits the breaking of “any warehouse, storehouse, office, shop * * *, whether such place is or is. not a depository for goods, wares or merchandise, * * * with intent to steal * *

The indictment charged the breaking and entering of a “pool hall.” The ap*268pellants contend that their demurrer to the indictment should have been sustained because the statute applies only to places in which goods, wares and merchandise are usually deposited for…