Mitchell v. Commonwealth
Court of Appeals of Kentucky
Case 54 —INDICTMENT— APPEAL PROM CAMPBELL CRIMINAL COURT. 1. An indictment for housebreaking and larceny, under section 4, article 5, chapter 29, Gen. Stats., in which there is a failure to state that the taking was with the intention to deprive the owner of his property, and to convert it to the use of the person taking, is essentially defective on motion in arrest of judgment.
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Case 54 —INDICTMENT— APPEAL PROM CAMPBELL CRIMINAL COURT. 1. An indictment for housebreaking and larceny, under section 4, article 5, chapter 29, Gen. Stats., in which there is a failure to state that the taking was with the intention to deprive the owner of his property, and to convert it to the use of the person taking, is essentially defective on motion in arrest of judgment. (Ward v. Commonwealth, 14 Bush, 234.) 2. An entry into the cellar of a dwelling-house, having no internal communication with the dwelling, without breaking or removing a fastening, does not constitute the offense of…
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
The indictment against the appellant, William Mitchell, charges him with felo-nionsly breaking and entering the dwelling-house of Julius Schultz by forcibly opening a cellar door and feloniously taking therefrom certain articles of property (naming them) of value, belonging to Schultz.
Section 4, article 5, chapter 29, of the General Statutes, provides: “If any person shall feloniously take out of or from any church, chapel or meeting-house, school-house, court-house, or other public building, any goods or chattels, or other thing of value belonging…
2Cases cited1 opinion
- Ward v. CommonwealthCourt of Appeals of Kentucky · 1878
3Cited by19 opinions
- Bradley v. CommonwealthCourt of Appeals of Kentucky · 1923
- Curtis v. CommonwealthCourt of Appeals of Kentucky · 1916
- Burgett v. StateIndiana Court of Appeals · 1974
- United States v. Yahir LaraCourt of Appeals for the Sixth Circuit · 2014
- Simpson v. StateCourt of Criminal Appeals of Oklahoma · 1911
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