Miller v. Commonwealth

Opinion op the Court by

Judge Richardson

Reversing.

R. H. Miller was indicted and convicted in the Rockcastle circuit court, and his punishment fixed at three years in the penitentiary.1 The decisive questions are: (a) The sufficiency of the indictment when tested hy a demurrer; and (h) the propriety of the ruling of the trial court on the motion for a change of venue. The accusatory portion of the indictment endeavors to name the offense defined by section 1241a-l Ky. Stats.

The instructions of the court authorized the jury to find Miller guilty and fix his punishment as prescribed by this…