Farris v. Commonwealth
Court of Appeals of Kentucky
Case 102 — INDICTMENT APPEAL FROM JEFFERSON CIRCUIT COURT. 1. The indictment is bad for duplicity, and the demurrer thereto should have been sustained. (Criminal Code, secs. 126, 127; Gen. Stats., chap. 29, art. 6, sec. 4; Connor v. Commonwealth, 13 Bush; Johnson v. Commonwealth, 87 Ky., 190.) 2. The mere possession of the stolen goods is not prima facie evidence of burglary, and the court erred in refusing to so instruct the jury.
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Case 102 — INDICTMENT APPEAL FROM JEFFERSON CIRCUIT COURT. 1. The indictment is bad for duplicity, and the demurrer thereto should have been sustained. (Criminal Code, secs. 126, 127; Gen. Stats., chap. 29, art. 6, sec. 4; Connor v. Commonwealth, 13 Bush; Johnson v. Commonwealth, 87 Ky., 190.) 2. The mere possession of the stolen goods is not prima facie evidence of burglary, and the court erred in refusing to so instruct the jury. (Wharton’s Criminal Evid., sec. 763; American and English Encyclopedia of Law, p. 693.) 3. It was error to instruct the jury that they could convict if less than…
1Opinion of the CourtChief Justice Holt
The indictment against the appellant, Bud Parris, is, as it states, for “ feloniously breaking a store-house, with intent to steal, and stealing articles of value therefrom.” In setting out in the body of it the acts constituting the alleged offense, it says:
“The said Bud Parris * * unlawfully and feloniously did break and enter the store-house of Tapp, Leathers & Co., * * with the intent then and there to steal therefrom, and did unlawfully and feloniously take, steal and carry away therefrom one lot of pants of the value of twenty-five dollars, the personal property of said firm, with the…
2Cases cited1 opinion
- Olive v. CommonwealthCourt of Appeals of Kentucky · 1869
3Cited by11 opinions
- State v. SmithSupreme Judicial Court of Maine · 1971
- Hall v. CommonwealthCourt of Appeals of Kentucky · 1925
- Thomas v. CommonwealthCourt of Appeals of Kentucky · 1912
- Drury v. CommonwealthCourt of Appeals of Kentucky · 1915
- Runyon v. MorrowCourt of Appeals of Kentucky · 1921
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