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COMMONWEALTH v. RESING

305 S.W.2d 773 (1957)

COMMONWEALTH of Kentucky, Appellant, v. Joseph RESING, Appellee.

Court of Appeals of Kentucky.

October 4, 1957.

Attorney(s) appearing for the Case

Jo M. Ferguson, Atty. Gen., Earle V. Powell, Asst. Atty. Gen., James P. Hanrahan, Commonwealth's Atty., Frankfort, for appellant.

Marion W. Rider, Frankfort, for appellee.

CLAY, Commissioner.

The Commonwealth requests a certification of the law concerning the correctness of a trial court order sustaining a demurrer to an indictment against appellee.

The indictment reads:

"The said Joseph Resing in the said county of Franklin, on the 17th day of January A.D., 1957, and within twelve (12) months before the finding of this indictment, did unlawfully, wilfully and feloniously on or about October 11, 1956, the said...

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