Legal Opinion

Brown v. Commonwealth

Court of Appeals of Kentucky

Decided March 18, 1909PublishedCited by 11 opinions

CASE 76. — PROSECUTION AGAINST ROBERT BROWN AND OTHERS FOR ROBBERY Appeal from Bell Circuit Court. M. J. Moss, Circuit Judge. Defendant convicted and appeals.

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CASE 76. — PROSECUTION AGAINST ROBERT BROWN AND OTHERS FOR ROBBERY Appeal from Bell Circuit Court. M. J. Moss, Circuit Judge. Defendant convicted and appeals. The judgment herein should be reversed, because: 1. The evidence does not show that anything of value was taken from the man, Roberts, said to have been robbed. 2. Because the court failed to give the jury the whole law of the case by instructing, them on the law of grand and petit larceny. 3. The court erred in its first instruction to the jury in this; if either Charley Woods or Pearl Wiggins aided Robert Brown, the court instructs…

1Opinion of the Court

Opinion op the Court by

Chiep Justice Settle—

Affirming.

■ The appellants, Robert Brown, Charlie Woods, and Pearl Wiggins were indicted, tried, and convicted of the crime of robbery, the punishment of each being fixed at confinement in the penitentiary two years. Appellants ask a reversal of the judgment of conviction.

Numerous errors are assigned, but only two of them are relied on for the reversal asked. The first complaint is that the court erred in overruling appellant’s demurrer to the indictment. At the close of the indictment appears the name of Gr. A. Denham, as commonwealth’s attorney of…

2Cases cited1 opinion

  1. Jones v. CommonwealthCourt of Appeals of Kentucky · 1902

3Cited by11 opinions

  1. Commonwealth v. JonesMassachusetts Supreme Judicial Court · 1972
  2. State v. ParkerSupreme Court of Missouri · 1914
  3. People v. ClaytonCalifornia Court of Appeal · 1928
  4. State v. PriceIdaho Supreme Court · 1923
  5. Eastridge v. CommonwealthCourt of Appeals of Kentucky · 1922

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