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140 Ky. 558

Commonwealth v. Lile

Court of Appeals of Kentucky

Decided November 11, 1910

Court of Appeals of Kentucky · decided 1910-11-11

<p>This indictment is identical, except .as to the na.m>e of the defendant, with the casé of Commonwealth v. Henry Vaughn from, the same court, decided by Judge Hobson on the same day, which opinion is 'adopted as the opinion in this case.</p>

Decided 1910-11-11

¶1Opinion op the Court by

Judge Settle

¶2Reversing.

¶3The circuit court by the judgment appealed from in this case sustained a demurrer to an indictment returned against the appellee, Esmus Lile, charging him with *559fraudulently obtaining property by falsely personatiug another person. Of that judgment the Commonwealth complains.

¶4The indictment is identical, except as to the name of the defendant, with that in the case of the Comonwealth v. Henry Vaughn from the same court, to which a demurrer was also sustained.

¶5In .the latter case, it was decided by this court that the indictment is good and that the circuit court erred in sustaining the defendant’s demurrer to same.

¶6The court’s views in the case of the Commonwealth v. Vaughn and the reasons given therefor, are set forth in an opinion this day handed down, and the same being conclusive of the case at bar, compels a reversal of the judgment therein, the question involved being the same. The opinion referred to is adopted as the opinion in the case at bar.

¶7Wherefore, the judgment is reversed and case remanded with directions to the circuit court to set aside the judgment appealed from and enter another overruling the demurrer, that the case may proceed to trial in conformity to the opinion.

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