Commonwealth v. Yates

CAMMACK, Chief Justice.

The Commonwealth is seeking a certification of the law on the question of whether *617Special Judge R. T. Sweeney properly sustained a demurrer to an indictment. The accusatory part of the indictment charged Walter J. Yates and William Mitchell of the crime of murder and aiding and abetting in the commission of murder. Count I of the descriptive part set forth the manner in which Yates and Mitchell committed the crime of murder. Count II of the description follows:

“The said Grand Jurors further charge that the said Kirby was murdered as alleged in Count I hereof and that…