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. 727; 1933 Ky. LEXIS 300 (South Western Reporter, Second Series)

Counsel

C. C. WILLIAMS, J. G. 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, with F. E. Miller, H. C. Taylor, "YV. H. Davis, and R. C. Haff, were indicted in the Rockcastle circuit court of the offense of banding or confederating to defraud the'People’s Bank of Mt. Yernon, Ky. R. H. Miller was tried and convicted, and his punishment fixed at confinement in the penitentiary for 3% years. The indictment herein, the petition for the change of venue, and the affidavits offered in behalf of the commonwealth in resistance of the motion for a change of venue are identical with those in the case of R. H. Miller v. Commonwealth, 248 Ky. 717, — S. W. (2d) — , this day decided. The sufficiency of the indictment and the propriety of the ruling of the. trial court presented therein were presented and considered in the above-entitled case.

Por the reasons indicated and upon the authority ^herein set forth, the judgment herein is reversed for *728 proceedings consistent with, this opinion, and the opinion in Miller v. Com. this day decided.

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