104 Ky. 593 | Ky. Ct. App. | 1898
delivered the opinion op the court.
The appellant was indicted, tried and convicted in the Breathitt Circuit Court upon an indictment charging him with the crime of obtaining money and property under false pretenses, and, his motion for a new trial having been overruled, he prosecutes this appeal. Several questions are raised which we deem unnecessary to decide, for the reason that the judgment must be reversed on account of error of the court below in overruling the demurrer to the indictment. The indictment reads as follows ;• “Breathitt Circuit Court. The Commonwealth of Kentucky against Kenis Bryant.' Indictment. The grand jury of Breathitt county, in the name and by the authority of the Commonwealth of Kentucky, accuse Kenis Bryant of the crime of obtaining money and property under false pretenses, committed as follows: The said defendant, Kenis Bryant, on the 9th day of June, 1898, in the county and circuit aforesaid did, unlawfully, willfully, feloniously, falsely, and fraudulently, represent to Jake Terry that Dr. B. H. Oliver, of Lee county, owned him ($110) one hundred