Miles v. Commonwealth

Court of Appeals of Kentucky

Miles v. Commonwealth

8 Ky. Op. 385, 1875 Ky. LEXIS 122

DecidedFebruary 25, 1875

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This text of 8 Ky. Op. 385 (Miles v. Commonwealth) 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.

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Miles v. Commonwealth, 8 Ky. Op. 385, 1875 Ky. LEXIS 122 (Ky. Ct. App. 1875).

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Opinion

Opinion by

Judge Pryor:

The indictment is fatally defective. There is no allegation or statement that the note executed on September 13, 1871, was not a [386]*386genuine note, or that the accused knew') it to have been a forgery when he exchanged it for the note originally given. It is stated, by way of inducement, etc., that the accused falsely represented the note to be a year issue note, but it nowhere appears by any allegation that it was not such a note as the appellant represented it to be. The facts alleged, if conceded to exist, constitute no public offense, and the motion to arrest the judgment should have been sustained.

John S. Ducker, for appellant. J. Rodman, for appellee.

The judgment is reversed and cause remanded with directions to award the appellant a new trial, and for further proceedings consistent with the opinion.

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Opinion by

Judge Pryor:

The indictment is fatally defective. There is no allegation or statement that the note executed on September 13, 1871, was not a [386]*386genuine note, or that the accused knew') it to have been a forgery when he exchanged it for the note originally given. It is stated, by way of inducement, etc., that the accused falsely represented the note to be a year issue note, but it nowhere appears by any allegation that it was not such a note as the appellant represented it to be. The facts alleged, if conceded to exist, constitute no public offense, and the motion to arrest the judgment should have been sustained.

John S. Ducker, for appellant. J. Rodman, for appellee.

The judgment is reversed and cause remanded with directions to award the appellant a new trial, and for further proceedings consistent with the opinion.

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Bluebook (online)

8 Ky. Op. 385, 1875 Ky. LEXIS 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miles-v-commonwealth-kyctapp-1875.