Commonwealth v. Martin

Court of Appeals of Kentucky

Commonwealth v. Martin

10 Ky. Op. 680, 1 Ky. L. Rptr. 279, 1880 Ky. LEXIS 310

DecidedSeptember 7, 1880

StatusPublished

This text of 10 Ky. Op. 680 (Commonwealth v. Martin) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Martin, 10 Ky. Op. 680, 1 Ky. L. Rptr. 279, 1880 Ky. LEXIS 310 (Ky. Ct. App. 1880).

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Opinion

Opinion by

Judge Hines’:

The demurrer to the indictment was properly sustained. The allegation that appellee.“did unlawfully forge an instrument,” and the further allegation that “this writing was so forged and falsely made,” are but statements of conclusions of law, and not statements of facts constituting the offense as required by the code. Stowers v. Commonwealth, 12 Bush 342; Commonwealth v. Williams, 13 Bush 267.

Judgment affirmed.

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Opinion by

Judge Hines’:

The demurrer to the indictment was properly sustained. The allegation that appellee.“did unlawfully forge an instrument,” and the further allegation that “this writing was so forged and falsely made,” are but statements of conclusions of law, and not statements of facts constituting the offense as required by the code. Stowers v. Commonwealth, 12 Bush 342; Commonwealth v. Williams, 13 Bush 267.

Judgment affirmed.

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Bluebook (online)

10 Ky. Op. 680, 1 Ky. L. Rptr. 279, 1880 Ky. LEXIS 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-martin-kyctapp-1880.

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