Kyle v. Commonwealth
Court of Appeals of Kentucky
Case 43 — Indictment foe Burglary APPEAL PROM FAYETTE CIRCUIT COURT. Defendant Convicted and Appeals. The defendant, Hattie Kyle, was indicted for burglary. When the case was called for trial the defendant, by attorney, demurred to the indictment and the demurrer was overruled. Defendant claims that the indictment is not good. Burglary is-a common law offense and has not been abrogated, repealed or modified in any way by the legislation of this State.
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Case 43 — Indictment foe Burglary APPEAL PROM FAYETTE CIRCUIT COURT. Defendant Convicted and Appeals. The defendant, Hattie Kyle, was indicted for burglary. When the case was called for trial the defendant, by attorney, demurred to the indictment and the demurrer was overruled. Defendant claims that the indictment is not good. Burglary is-a common law offense and has not been abrogated, repealed or modified in any way by the legislation of this State. Thereiá no such thing as breaking into a mansion house at night, without intent to commit a felony, and it is absolutely necessary to charge…
1Opinion of the Court
Opinion of the court by
JUDGE GUFFY
Reversing.
An indictment was returned by tlie grand jury of Fay ette-county against the appellant, which reads as follows: “The grand jury of Fayette county, in the name and by the authority of the Commonwealth of Kentucky, accuse Hattie Kyle of the crime of burglary, committed -as! follows, viz.: That said Hattie Kyle, on the 4th day of March, 3901, in the county aforesaid, did unlawfully, wilfully, forcibly, and feloniously break into and- enter the dwelling house of Ollie Fowler, in the nighttime, with the intent to commit a felony, against the peace and…
2Cited by2 opinions
- Hayes v. CommonwealthCourt of Appeals of Kentucky · 1916
- Radley v. CommonwealthCourt of Appeals of Kentucky · 1905