314 Ky. 129 | Ky. Ct. App. | 1950
Certifying the law.
Boyd Caudill and Hargis Cook, deputy sheriffs of Letcher County, were indicted for arresting Tommy Collier without authority of law. The indictment charged: “* # * at the time not having a warrant for the arrest of the said Tommy Collier and not having reasonable grounds for believing that said Tommy Collier had committed a felony, and said Tommy Collier not having committed a breach of peace or any offense or crime in the presence of said Boyd Caudill and Hargis Cook, and the said Tommy Collier having committed no felony or any offense whatever, and did unlawfully and feloniously take arrest and place in custody the said Tommy Collier. ’ ’
The reasons why Judge Ward sustained a demurrer to the indictment are set forth in the following order: “The defendants are indicted for arresting another otherwise according to law under KBS 435.150, and
On this appeal the Commonwealth is asking for a certification of the law.
KRS 435.150 reads as follows: “Any person who arrests or imprisons another or transports him, against his will, beyond the bounds of this state, otherwise than according to law, but under circumstances not constituting a violation of any of the provisions of KRS 435.140, or causes or in any manner counsels, aids or abets in such an arrest, imprisonment or transportation shall be confined in the penitentiary for not less than one nor more than twenty years.”
We had this statute under consideration in the case of Roberts v. Commonwealth, 284 Ky. 365, 144 S.W.2d 811. Roberts, an officer, was charged with arresting
Wherefore, this opinion is certified as the law of the case.