FOWLER v. COMMONWEALTH


290 S.W.2d 617 (1956)

Robert Eugene FOWLER, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing June 15, 1956.


Attorney(s) appearing for the Case

M. C. Redwine, Jr., Redwine & Redwine, Winchester, for appellant.

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


STEWART, Judge.

This appeal involves the validity of an indictment and the correctness of the instructions based upon it. Appellant, Robert Eugene Fowler, was charged with the offense of dwelling-house breaking with the intent to steal property of value therefrom, in violation of KRS 433.180, and at a trial he was convicted and given two years in the penitentiary.

A demurrer was filed to the indictment on the theory that the offense consists of two acts, both...

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