Butcher v. Commonwealth

STEWART, Chief Justice.

J. K. Butcher was indicted in the Johnson Circuit Court at the January term, 1953, for the offense of obstructing a roadway. Trial was set on the charge for April 29, 1953, at which time Butcher demurred to the indictment, but, without pass-. *438ing on the demurrer, .the court continued the case until the September term, 1953, when, on motion of the Commonwealth’s attorney,' the indictment was quashed, the case was again referred to the grand jury and a substitute indictment was returned, accusing Butcher with substantially the same crime, namely, maintaining a nuisance by…