LEWIS v. COMMONWEALTH


299 S.W.2d 635 (1957)

Fred LEWIS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 1, 1957.


Attorney(s) appearing for the Case

John J. Tribell, William S. Tribell, W. J. Stone, Pineville, for appellant.

Jo M. Ferguson, Atty. Gen., Farmer Helton, Commonwealth's Atty., Martin R. Wilson, County Atty., Pineville, for appellee.


WADDILL, Commissioner.

The appellant was convicted of making an unlawful arrest, as denounced by KRS 435.150, and was sentenced to six years in prison. Appellant insists that the court erred in failing to sustain his demurrer to the indictment, because the indictment failed to allege facts or circumstances necessary to constitute an unlawful arrest.

The indictment charged the commission of the offense as follows:

"The said Fred Lewis * * * did unlawfully...

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