Rector v. Commonwealth
Court of Appeals of Kentucky
Case 89 — INDICTMENT APPEAL FROM KNOX CIRCUIT COURT. 1. The indictment is insufficient. 2. It was the duty of the court to instruct the jury to find appellant either guilty or not guilty, as the two alleged former convictions-were a matter sej)arate from the pending charge. 3. The fourth instruction is misleading, because it substantially tells. the jury that they must believe the evidence of the witness Eoley.
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Case 89 — INDICTMENT APPEAL FROM KNOX CIRCUIT COURT. 1. The indictment is insufficient. 2. It was the duty of the court to instruct the jury to find appellant either guilty or not guilty, as the two alleged former convictions-were a matter sej)arate from the pending charge. 3. The fourth instruction is misleading, because it substantially tells. the jury that they must believe the evidence of the witness Eoley. (Criminal Code, sec. 258.) I. The court committed no error in admitting the voluntary confessions of appellant. ■2. The record plainly shows that appellant had been twice convicted of…
1Opinion of the CourtChief Justice Hargis
The appellant was indicted for the offense of grand larceny.
Upon a trial he was convicted. The verdict of the jury fixed his punishment at confinement in the penitentiary for his natural life, and the court, by its judgment, sentenced him in pursuance of the verdict.
From the judgment he prosecutes this appeal.
The indictment charged him with the offense of grand larceny, and stated the facts constituting the offense, and in addition thereto, alleged that he had been twice convicted and sentenced to the penitentiary from the county ■of Madison on a charge of grand larceny.
He demurred to the…
2Cited by15 opinions
- State v. CrankUtah Supreme Court · 1943
- Commonwealth v. CooperKentucky Supreme Court · 1995
- Renaker v. CommonwealthCourt of Appeals of Kentucky · 1916
- Morgan v. CommonwealthCourt of Appeals of Kentucky · 1916
- Tarrence v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1953
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