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COMMONWEALTH v. YATES

253 S.W.2d 616 (1952)

COMMONWEALTH v. YATES.

Court of Appeals of Kentucky.

December 19, 1952.

Attorney(s) appearing for the Case

J. D. Buckman, Jr., Atty. Gen., and Wm. F. Simpson, Asst. Atty. Gen., for appellant.

Rodes K. Myers, Bowling Green, G.S. Milam, Russellville, for appellee.

CAMMACK, Chief Justice.

The Commonwealth is seeking a certification of the law on the question of whether Special Judge R. T. Sweeney properly sustained a demurrer to an indictment. The accusatory part of the indictment charged Walter J. Yates and William Mitchell of the crime of murder and aiding and abetting in the commission of murder. Count I of the descriptive part set forth the manner in which Yates and Mitchell committed...

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