Rose v. Commonwealth

The first error assigned in this case is to the action of the court in overruling the demurrer of the accused to the indictment upon which he was tried.

There are two counts in the indictment, one for the violation of section 3853 of the Code, and in the other the offense intended to be charged was one of those created by section 145a of Pollard’s Code. It is not claimed by the accused that the first count is not sufficient; his objection applies solely to the second count.

The demurrer being general or to the entire indictment, and not to each count, the court did not err in overruling the…