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5 Ky. Op. 260

Smith v. Commonwealth

Court of Appeals of Kentucky

Decided January 11, 1871

Court of Appeals of Kentucky · decided 1871-01-11

<p>Indictment and Information — More than One Offense Charged — Demurrer.</p> <p>Where more than one offense is charged in an indictment, except as provided for in Sec. 126, C. C., a demurrer is proper.</p>

Decided 1871-01-11

¶1Opinion by

Judge PeteRs:

¶2The defendants in the court below demurred to the indictment and their demurrer was overruled — and the propriety of that ruling presents the first question for adjudication.

¶3By Sub-sec. c of sec. 165, Crim. Code, it is provided that *261when more than one offense is charged in an indictment, except as provided for in section 126, a demurrer is proper. Two offenses are charged in this indictment, and are not any of those provided for, or allowed to be joined by the last named section of the Criminal Code. Consequently, the indictment is bad, and the demurrer should have been sustained. Wherefore the judgment is reversed and the cause remanded with directions to sustain the demurrer to the indictment and for further proceedings in conformity with this opinion.

Fisks, Duncan, for appellant.
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