Harris v. Commonwealth

STEINFELD, Judge.

Timothy Lee Harris was indicted for violating KRS 433.220 (grand larceny) and KRS 433.290 (knowingly receiving stolen property). On trial the charge of knowingly receiving stolen property was dismissed but the jury found Harris guilty of grand larceny. Judgment was entered according to that verdict and Harris is now in prison.

Pursuant to RCr 11.42 he petitioned the Christian Circuit Court for his release on two grounds. He claimed that he was convicted of grand larceny under an indictment charging only that he had knowingly received stolen property and that the testimony…