Commonwealth v. Carter
Court of Appeals of Kentucky
Case 91 — INDICTMENT— There is a lack of harmony in the decisions of this court upon the question presented in this case, and the court is asked to review the cases and determine whether Stamper v. Commonwealth, 7 Bush, 612, is to be applied to all such statutes, or is to be restricted or is overruled. (Ward v Commonwealth, 3 4 Bush, 233; Evans v. Commonwealth, 11 Ey. Law Rep., 674; Mullins v. Commonwealth, 14 Ey. Law Rep., 569.)
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
An indictment was returned in the Graves Circuit Court against Mark Hubbard and two others, charging them with breaking into the store-house of one Boaz. The testimony showed that Hubbard took the window of' the house out and Ms confederates stood watch a short distance from the store-room, and when the goods were removed by Hubbard, Carter and James, two confederates, took charge of them.
There was a separate trial demanded, and Ed Carter being first tried was acquitted upon a peremptory instruction based upon the case of Stamper v. Com*528monwealth,…
2Cases cited1 opinion
- Stamper v. CommonwealthCourt of Appeals of Kentucky · 1870
3Cited by8 opinions
- Commonwealth v. SinclairMassachusetts Supreme Judicial Court · 1907
- Commonwealth v. MannosMassachusetts Supreme Judicial Court · 1942
- State v. FurthWashington Supreme Court · 1914
- Terhune v. CommonwealthCourt of Appeals of Kentucky · 1911
- Adkins v. CommonwealthSupreme Court of Virginia · 1940
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