Court of Appeals of Kentucky (pre-1976), 1933

Miller v. Commonwealth

Court of Appeals of Kentucky (pre-1976) · Decided April 25, 1933 · Richardson

59 S.W.2d 973; 248 Ky. 728; 1933 Ky. LEXIS 301 (South Western Reporter, Second Series)

Counsel

C. C. WILLIAMS, J. C, BIRD and R. B. BIRD for appellant., BAILEY P. WOOTTON, Attorney General, and H. HAMILTON RICE, Assistant Attorney General, for appellee.

Opinion of the Court

Opinion op the Court by

Judge Richardson

Reversing.

R. H. Miller, H. C. Taylor, F. E. Miller, W. H. Davis, and A. F. St. Clair were indicted in the Rock-castle circuit court charged with the crime of confederating or banding together 'to defraud the People’s Bank of Rockcastle county. R. H. Miller on a separate trial was convicted, and his punishment fixed at confinement in the penitentiary for 'three years. The question of the sufficiency of the indictment when tested by a demurrer is presented for determination.

On 'the authority of two other cases of R. H. Miller v. Commonwealth, 248 Ky. 717, — , — S. W. (2d) — , — , this day decided, the judgment is reversed, for proceedings consistent with this opinion and the opinion in those eases.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.