Combs v. Commonwealth

Opinion of the Court by

Judge Rees

Reversing.

The appellant, Jim Combs, has been convicted of the crime of obtaining money by false pretenses and sentenced to a term of one year in the penitentiary. On this appeal he insists that the trial court erred (1) in overruling his demurrer to the indictment; (2) in overruling his motion for a peremptory instruction; and (3) in failing to instruct the jury as to the whole law of the case.

The three grounds relied upon for a reversal of the judgment are based on the same alleged vice; that is, failure of the commonwealth to charge and prove that the…