Cochran v. Commonwealth

275 S.W. 810, 210 Ky. 332, 1925 Ky. LEXIS 666

• Court: Court of Appeals of Kentucky (pre-1976)
• Decided: September 29, 1925
• Status: Published

Opinion

Opinion of the Court by

Chief Justice Clarke

Reversing.

The indictment in this case, charging appellant with wife desertion, is endorsed “a true bill,” but this is not signed by the foreman of the grand jury, as is required by section 119 of the Criminal Code.

This provision is mandatory, and the trial court erred in overruling the demurrer to the indictment, as is conceded by the attorney general. Oliver v. Commonwealth, 95 Ky. 372, 25 S. W. 600; Commonwealth v. L. & N. R. Co., 32 S. W. 136; Lewis v. Commonwealth, 48 S. W. 977; Terrell v. Commonwealth, 194 Ky. 608, 240 S. W. 81.

Wherefore, the judgment of conviction .is reversed, and the cause remanded for proceedings not inconsistent herewith.