Price v. Commonwealth
Court of Appeals of Kentucky
CASE 82. — PROSECUTION AGAINST PRESTON PRICE AND LESLIE NALL FOR BREAKING AND ENTERING A RAILROAD CAR. — October 9. Appeal from Daviess Circuit Court. T. F. Bikkhead, Circuit Judge. Defendants convicted and appeal — It appears to us that the breaking into the car, with the intent to steal, is the gist of the offense. That it does not have to be followed up in order to make it a crime, by the other offense-of entering the car.
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CASE 82. — PROSECUTION AGAINST PRESTON PRICE AND LESLIE NALL FOR BREAKING AND ENTERING A RAILROAD CAR. — October 9. Appeal from Daviess Circuit Court. T. F. Bikkhead, Circuit Judge. Defendants convicted and appeal — It appears to us that the breaking into the car, with the intent to steal, is the gist of the offense. That it does not have to be followed up in order to make it a crime, by the other offense-of entering the car. It seems to us thatt he act is complete with the breaking, and if appellants contention is true that there was a total absence of the slightest entry It does in noway…
1Opinion of the Court
Opinion of the Court by
Judge Nunn —
Reversing.
Appellants were indicted, convicted, and sentenced, to serve two years in the penitentiary for the violation of section 1163 of the Kentucky Statutes of 1903, which is as follows: “Any person who shall forcibly break and enter into any railroad depot, car factory,, station house, railroad car, or express car, with intent to kill or rob any person therein, or to steal property, money, or anything of value therefrom,. *718shall be deemed guilty of felony, and punished by confinement in the penitentiary not less than two nor more than ten years.” From the…
2Cases cited1 opinion
- Kentucky Mutual Security Fund Co. v. TurnerCourt of Appeals of Kentucky · 1890
3Cited by11 opinions
- Nider v. CommonwealthCourt of Appeals of Kentucky · 1910
- Paulley v. CommonwealthKentucky Supreme Court · 2010
- People v. AllisonCalifornia Supreme Court · 1927
- Magness v. Superior CourtCalifornia Supreme Court · 2012
- Stamps v. CommonwealthKentucky Supreme Court · 1980
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