Commonwealth v. Mackey
Court of Appeals of Kentucky
Appeal from McLean Circuit Court.
1Opinion of the Court
Opinion op ti-ie Court by
Chiep Justice Miller
Certifying the law.
The indictment in this case charged the appellee, Frank Mackey, with the statutory offense of housebreaking’, with intent to steal (Ky. Sts., sec. 1164), committed by breaking into a smokehouse belonging to Caleb Wright, and used by him in connection with his dwelling house.
At the close of the proof for the Commonwealth, the circuit court peremptorily instructed the jury to find the defendant not guilty. From that judgment the Commonwealth appeals.
The evidence shows that Mackey was caught in Wright’s smokehouse, with a ham in his…
2Cases cited10 opinions
- State v. ConnersSupreme Court of Iowa · 1895
- State v. HendersonSupreme Court of Missouri · 1908
- Combs v. CommonwealthCourt of Appeals of Kentucky · 1915
- Collins v. CommonwealthCourt of Appeals of Kentucky · 1912
- Gaddie v. CommonwealthCourt of Appeals of Kentucky · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Barrick v. StateIndiana Supreme Court · 1954
- People v. HamiltonCalifornia Court of Appeal · 1967
- Rains v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1943
- Kidd v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1938
- Patton v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1938
3 more not listed; retrieve them via the Exa API.