Deskins v. Commonwealth

HILL, Justice.

Appellant was tried, convicted, and given one year in prison on a charge of knowingly receiving stolen property (a farm tractor) in violation of KRS 433.290.

In essence, appellant argues (1) he was entitled to a directed verdict of acquittal and (2) the statute is unconstitutional because it permits a jury to find one guilty solely on proof of possession in violation of the Fourteenth Amendment to the United States Constitution guaranteeing “due process” to all persons born or naturalized in the United States.

The trial developed these facts: On April 16, 1971, appellant, a…