Nichols v. Commonwealth
Court of Appeals of Kentucky
Case 37—INDICTMENT APPEAL FROM FAYETTE CIRCUIT COURT. 1. It is clearly shown that the property was not jointly owned by the. persons from whom it was stolen, but each owned a part of it. The offense is not proved as it is charged in the indictment. (Crim. Code, sec. 128.) 2. The taking from Brooks was a distinct offense, and the court erred in refusing so to instruct the jury.
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Case 37—INDICTMENT APPEAL FROM FAYETTE CIRCUIT COURT. 1. It is clearly shown that the property was not jointly owned by the. persons from whom it was stolen, but each owned a part of it. The offense is not proved as it is charged in the indictment. (Crim. Code, sec. 128.) 2. The taking from Brooks was a distinct offense, and the court erred in refusing so to instruct the jury. The stealing of the property is one and the same act, although a part was a short distance from the other. In contemplation of law it is. one theft.
1Opinion of the Court
JUDGE COFER
delivered the opinion of ti-ie court.
This indictment for larceny charged that the appellants, did feloniously take and carry away and steal twenty-one-chickens and seven geese, the personal property of Mrs. John Thorns, Larkin Grigsby, and Eli Brooks, of the value-of more than ten dollars.
The evidence conduced to prove that the property mentioned in the indictment was stolen by the appellants, and; showed conclusively that a portion of it belonged to each of *181the persons named in the indictment as owners, but that no part of it was owned by them jointly. The evidence also •conduced…
2Cited by22 opinions
- Amill Andrew Smith v. Dewey Sowders, WardenCourt of Appeals for the Sixth Circuit · 1988
- Jackson v. CommonwealthKentucky Supreme Court · 1984
- People v. IsraelIllinois Supreme Court · 1915
- Jacobs v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1935
- State v. MjeldeMontana Supreme Court · 1904
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