Staton v. Commonwealth

Opinion by

Judge PryoR:

The demurrer to the indictment should have been sustained. The averment that Minton was lawfully committed to the jail of Breckinridge county is not an averment of fact, but the conclusion of the pleader from the facts before him. Those facts should have been alleged in the indictment to enable the court to know whether Min-*375ton was in the legal custody of the jailor. This proceeding is to enforce a highly penal statute, the prosecution alleging that the appellant, as jailer, and having one Minton in custody, on a charge of murder, wilfully and negligently suffered him to…