Richie and Griffith v. Commonwealth

Opinion of the Court by

Judge Rees

Reversing.

The appellants, Rollie Ritchie and Joe Griffith, were separately indicted, charged with the crime of robbery. By agreement they were tried together and each was convicted and sentenced to the penitentiary for a period of two years.

A number of grounds are relied upon for reversal, but it is only necessary to discuss one, namely, that the Johnson circuit court was not legally in session when the indictment against Joe Griffith was returned and when the trial took place.

The appellant Ritchie was indicted on December 2, 1927, which was during the…