Court of Appeals of Kentucky, 1881

Commonwealth v. Searls

Commonwealth v. Searls
Court of Appeals of Kentucky · Decided November 15, 1881 · Hines
11 Ky. Op. 335; 3 Ky. L. Rptr. 394; 1881 Ky. LEXIS 313

Commonwealth v. Searls

Opinion of the Court

Opinion by

Judge Hines:

This indictment does not charge two offenses, as appears to have been the view of the court below. The charge is of taking and carrying away personal property, and the specification is that appellee cut and carried away a certain number of trees. Both the cutting and carrying away are denounced by the statute, and constitute but one offense under Gen. Stat. (1879), Ch. 29, Art. 28, § 7.

Wherefore the judgment is reversed and cause remanded.

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