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

Miller v. Commonwealth

Miller v. Commonwealth
Court of Appeals of Kentucky (pre-1976) · Decided April 25, 1933 · Richardson
59 S.W.2d 973; 248 Ky. 726; 1933 Ky. LEXIS 299 (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.

Miller v. Commonwealth

Opinion of the Court

Opinion op the- Court by

Judge Richardson

Reversing’.

The grand jury of Rockcastle county returned an indictment against R. H. Miller and four others, accusing them of the crime of assenting to receiving deposits after having knowledge of the fact that the bank was *727 insolvent. R. H. Miller was convicted on a separate trial, and his punishment fixed at confinement in the penitentiary for two years. The petition for the change of venue, supported by two affidavits as required by section 1110, Ky. Statutes, was filed by him in support of the motion for a change of venne. The commonwealth’s attorney filed a response traversing the petition and also affidavits of four individuals.

On the authority and for the reasons set forth in the opinion this day delivered in three other cases entitled R. H. Miller v. Commonwealth, 248 Ky. 717, — S. W. (2d) — , the judgment herein is reversed for proceedings consistent with this opinion.

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