Gaddie v. Commonwealth
Court of Appeals of Kentucky
Case 53 — Indictment against Ed. Gaddie for Housebreaking with Intent to Steal. APPEAL FROM HARDIN CIRCUIT COURT. Dependant Convicted and Appeals. We contend there was no “breaking” in this case in the meaning of the law. The evidence shows that one outside window strip had been hurst loose from the bottom and was hanging from the top, and that thei window remained unmoved in its place.
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Case 53 — Indictment against Ed. Gaddie for Housebreaking with Intent to Steal. APPEAL FROM HARDIN CIRCUIT COURT. Dependant Convicted and Appeals. We contend there was no “breaking” in this case in the meaning of the law. The evidence shows that one outside window strip had been hurst loose from the bottom and was hanging from the top, and that thei window remained unmoved in its place. The statutes neither define nor qualify the word “breaking,” and, being taken from the common law it must therefore he construed to the light of the common law. This word acquired a definite and fixed meaning…
1Opinion of the Court
Opinion or the court by
JUDGE BARKER
Reversing.
Appellant was indicted, charged with the offense of unlawfully breaking a warehouse belonging to Leischardt & *470Murdock, in Vine Grove, Hardin county, Ky., with intent to steal therefrom. A trial resulted in a verdict of conviction, and a sentence of the defendant to three years in the penitentiary, of which he is now complaining. The hill of exceptions consists of the following agreement of facts: “It is agreed that the evidence herein showed that the act done was committed in Vine Grove, Hardin county, Kentucky, upon the storehouse of Leischardt &…
2Cases cited1 opinion
- Commonwealth v. HelbackCourt of Appeals of Kentucky · 1897
3Cited by10 opinions
- Paulley v. CommonwealthKentucky Supreme Court · 2010
- Link v. StateIndiana Supreme Court · 1953
- Commonwealth v. MackeyCourt of Appeals of Kentucky · 1916
- Kidd v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1938
- Stamps v. CommonwealthKentucky Supreme Court · 1980
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