Commonwealth v. Broaddus

Opinion of the Court by

Judge Nunn

— Reversing.

The lower court sustained a demurrer to the following indictment:

“The grand jury of Madison County, in the name and hy the authority of the Commonwealth of Kentucky, accuse Elzie Broaddus, of the crime of appropriating to his own use, property in the possession of a common carrier for transportation and delivery to another.

“That said Elzie Broaddus, on the 21st day of February, 1911, in the county aforesaid, did unlawfully and willfully appropriate to his, the said Broaddus’ own use a lot of coal of value, which at the time was in the possession of…