Cochran v. Com.

• Decision Date: 29 September 1925
• Citation: 210 Ky. 332,275 S.W. 810
• Parties: COCHRAN v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

275 S.W. 810

210 Ky. 332

COCHRAN v. COMMONWEALTH.

Court of Appeals of Kentucky.

September 29, 1925

Appeal from Circuit Court, Pike County.

Marvin Cochran was convicted of wife desertion, and he appeals. Reversed and remanded.

F. W. Stowers, of Pikeville, for appellant.

Frank E. Daugherty, Atty. Gen., and Gardner K. Byers, Asst. Atty. Gen., for the Commonwealth.

CLARKE, J.

The indictment in this case, charging appellant with wife desertion, is indorsed "A true bill"; but this is not signed by the foreman of the grand jury, as is required by section 119 of the Criminal Code.

This provision is mandatory, and the trial court erred in overruling the demurrer to the indictment, as is conceded by the Attorney General. Oliver v. Commonwealth, 95 Ky. 372, 25 S.W. 600, 15 Ky. Law Rep. 662; Commonwealth v. L. & N. R. Co., 32 S.W. 136, 17 Ky. Law Rep. 562; Lewis v. Commonwealth, 48 S.W. 977, 20 Ky. Law Rep. 1104; Terrell v. Commonwealth, 194 Ky. 608, 240 S.W. 81.

Wherefore the judgment of conviction is reversed, and the cause remanded for proceedings not inconsistent herewith.