Brockman v. Commonwealth

Opinion op the Court by

Drury, Commissioner—

Reversing.

Under an indictment from which it is impossible to determine whether the Commonwealth was accusing the appellant of the offense denounced by section 2554a-3 of the Kentucky Statutes, Supp. 1924, or that denounced by section 2554a-4 of those statutes, the appellant on his trial was found guilty and sentenced to pay a fine of $400.00 and to serve 5 months in the county jail. From the judgment, he brings this appeal.

Although the indictment was plainly demurrable, no-demurrer was interposed to it. In the absence of the in strnctions of the…