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BUTCHER v. COMMONWEALTH

276 S.W.2d 437 (1955)

J. K. BUTCHER, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 11, 1955.

Attorney(s) appearing for the Case

R. B. Harrington, Marvin D. Jones, Paintsville, for appellant.

J. D. Buckman, Jr., Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.

STEWART, Chief Justice.

J. K. Butcher was indicted in the Johnson Circuit Court at the January term, 1953, for the offense of obstructing a roadway. Trial was set on the charge for April 29, 1953, at which time Butcher demurred to the indictment, but, without passing on the demurrer, the court continued the case until the September term, 1953, when, on motion of the Commonwealth's attorney, the indictment was quashed, the...

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