Elswick v. Commonwealth
Court of Appeals of Kentucky
Case 21 — INDICTMENT APPEAL PROM BOYD CRIMINAL COURT. 1. The open possession and sale of the iron by appellant were sufficient to rebut the presumption of felonious intention. (1 Starkie on Evidence, p. 606.) 2. The divorced wife of appellant was a competent witness in his behalf to prove facts which came to her knowledge during coverture, but not by reason of her confidential relations with her husband.
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Case 21 — INDICTMENT APPEAL PROM BOYD CRIMINAL COURT. 1. The open possession and sale of the iron by appellant were sufficient to rebut the presumption of felonious intention. (1 Starkie on Evidence, p. 606.) 2. The divorced wife of appellant was a competent witness in his behalf to prove facts which came to her knowledge during coverture, but not by reason of her confidential relations with her husband. (English’s adm’r v. Cropper, 8 Bush, 292; Booth’s ex’r v. Yanarsdale, 9 Bush 717; Old Code, see. 670; New Code, sec. 606.) Although the wife of appellant was divorced before the trial, she…
1Opinion of the Court
CHIEF JUSTICE.LINDSAY
delivered the opinion op the court.
Jack Elswick was indicted by the grand jury of Boyd County for the offense of grand larceny. The proof tended to show that the accused had taken possession of and sold certain iron bars, links, car-couplings, etc., the property of the Lexington & Big Sandy Railroad Co., Eastern division. *156There was some evidence conducing to prove that the iron had been taken, kept, and sold in public, no attempt being made to conceal either of these acts, even from the officers, agents, and employees of the company.
The court was asked to instruct the…
2Cases cited1 opinion
- English's administrator v. CropperCourt of Appeals of Kentucky · 1871
3Cited by5 opinions
- Commonwealth v. SappCourt of Appeals of Kentucky · 1890
- Merritt v. CravensCourt of Appeals of Kentucky · 1916
- Leucht v. LeuchtCourt of Appeals of Kentucky · 1908
- Scott v. CommonwealthCourt of Appeals of Kentucky · 1893
- Hostetter v. GreenCourt of Appeals of Kentucky · 1914