Commonwealth v. Smith

WADDILL, Commissioner.

This is an appeal by the Commonwealth from a judgment of the Bell Circuit Court sustaining appellee’s, motion to dismiss an indictment, wherein he was charged with the crime of murder.

In March, 1948, appellee, by indictment No. 3424, was accused of the murder of Orville Hendrickson, and by indictment No. 3.425, he was charged with the murder of George Hendrickson. ,

On June 11, 1948, on motion of the Attorney of the Commonwealth, indictment No. 3424 was filed away, with leave to reinstate on motion. On the same date, ap-pellee pleaded guilty to indictment No. 3425, and…