KIMBLER v. COMMONWEALTH


269 S.W.2d 273 (1954)

KIMBLER et al. v. COMMONWEALTH.

Court of Appeals of Kentucky.

June 23, 1954.


Attorney(s) appearing for the Case

Marvin D. Jones, Paintsville, Ky., for appellants.

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


SIMS, Chief Justice.

Appellants, Hoppy Kimbler and Arthur Gullett, deputy sheriffs of Johnson County, were convicted of "feloniously arresting and imprisoning Earl McKenzie against his will without authority of law", a crime denounced by KRS 435.150, and their punishment was fixed at confinement in the penitentiary for five years and a day. In seeking to reverse the judgment appellants insist the court erred: 1. in overruling their demurrer to the indictment; 2. in...

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