Legal Opinion

Triplett v. Commonwealth

Court of Appeals of Kentucky

Decided January 15, 1906PublishedCited by 11 opinions

CASE 6. — PROSECUTION AGAINST BUNION TRIPLETT FOR LARCENY BY STEALING CATTLE. — February 15. Appeal from Pike Circuit Court. A. J. Kirk, Circuit Judge. Defendant -convicted and appeals. CITATION OF AUTHORITY AND CLASSIFICATION OF QUESTIONS DISCUSSED- 1. Robbery, and Grand Larceny; Insufficiency of the Indictment; The Admission of Incompetent,Evidence; The Refusal to Admit Competent Evidence; Instructions to the Jury; Exclusion of Evidence.

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CASE 6. — PROSECUTION AGAINST BUNION TRIPLETT FOR LARCENY BY STEALING CATTLE. — February 15. Appeal from Pike Circuit Court. A. J. Kirk, Circuit Judge. Defendant -convicted and appeals. CITATION OF AUTHORITY AND CLASSIFICATION OF QUESTIONS DISCUSSED- 1. Robbery, and Grand Larceny; Insufficiency of the Indictment; The Admission of Incompetent,Evidence; The Refusal to Admit Competent Evidence; Instructions to the Jury; Exclusion of Evidence. (4 Blackstone’s Comm., 241; Donnally’s Case, 2 East P. C., 725 (66 S. W., 27); Greenleaf on Evidence, Vol. 3, Sec. 150; 4 Blackstone’s Comm., 229; Lord…

1Opinion of the Court

OPINION by

Judge Barker

— Reversing.

The appellee, Bunion Triplett, was indicted by the grand jury of Pike county, charged with the offense of robbery. To this he pleaded not guilty, but upon trial the jury returned a verdict of guilty of larceny, and fixed his punishment at confinement in the penitentiary for a term of two years. Prom the judgment based upon this verdict, this appeal is prosecuted.

The facts, in brief, are these: The appellant was the owner of certain cattle (oxen). One Scott instituted an action against him in the Pike Circuit Court, in which process was issued under which the…

2Cases cited8 opinions

  1. People v. ViceCalifornia Supreme Court · 1863
  2. State v. HollywaySupreme Court of Iowa · 1875
  3. Conner v. CommonwealthCourt of Appeals of Kentucky · 1878
  4. Duncan v. DuncanCourt of Appeals of Kentucky · 1892
  5. Paynter v. MillerCourt of Appeals of Kentucky · 1904

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3Cited by11 opinions

  1. People v. RosenCalifornia Supreme Court · 1938
  2. Barton v. StateCourt of Criminal Appeals of Texas · 1921
  3. Southerland, Lawson Vaughn v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
  4. Davidson v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927
  5. State v. PriceIdaho Supreme Court · 1923

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