Allison v. Commonwealth
Court of Appeals of Kentucky
Case 37 — INDICTMENT— ‘ APPEAL PROM PAYETTE CIRCUIT COURT.. 1. The instruction of the court required the jury to believe that the-offense was committed in Jessamine county, and this applies to the receiving of the stolen property, knowing it to be stolen, as well as to the stealing. 2. Where property is stolen in one county and received in another-county by a person knowing it to be stolen, either county has-jurisdiction of the offense of receiving the stolen property,…
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Case 37 — INDICTMENT— ‘ APPEAL PROM PAYETTE CIRCUIT COURT.. 1. The instruction of the court required the jury to believe that the-offense was committed in Jessamine county, and this applies to the receiving of the stolen property, knowing it to be stolen, as well as to the stealing. 2. Where property is stolen in one county and received in another-county by a person knowing it to be stolen, either county has-jurisdiction of the offense of receiving the stolen property, knowing it to be stolen. (Criminal Code, section 21.) The case of' Tully v. Commonwealth, 13 Bush, 152, does - not conflict…
1Opinion of the Court
JUDGE LEWIS
delivered the opinion op the court.
Tlie indictment in this case, found in the Jessamine Circuit Court, but tried in the Payette Circuit- Court, contains two counts. In the first, the defendant is charged with the crime of horse-stealing, and in the second with receiving stolen property, knowing it to be stolen. And the main question presented on his appeal from the judgment of conviction js as to the correctness of the following instruction:
“If the jury believe from the testimony, to the exclusion of a reasonable doubt, that the defendant in the county of Jessamine, before the…
2Cited by11 opinions
- United States v. Daniel Bozza, Charles Mulhearn, Ronald Jones, Michael Pizzo, Salvatore Guarnieri, Anthony Delutro, A/K/A Tony WestCourt of Appeals for the Second Circuit · 1966
- People v. ZimmerAppellate Division of the Supreme Court of the State of New York · 1916
- State v. GordonSupreme Court of Minnesota · 1908
- Ellison v. CommonwealthCourt of Appeals of Kentucky · 1921
- Semon v. StateIndiana Supreme Court · 1902
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