Miller v. Commonwealth
Court of Appeals of Kentucky
Case 5—INDICTMENT APPEAL FROM JEFFERSON CIRCUIT COURT. 1. The Court erred in permitting evidence that other persons than Lyons had been roped into appellants’ faro bank. (34 Iowa, 446; 55 N. Y. Rep., 565; Litt. Selected Cases, 497; Greenleaf's Ev., vol. 1, m.) 2. The third instruction given for appellee is error. (Sec. 1, art. 1, chap. 47, Gen. Stat. ; 2d vol.
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Case 5—INDICTMENT APPEAL FROM JEFFERSON CIRCUIT COURT. 1. The Court erred in permitting evidence that other persons than Lyons had been roped into appellants’ faro bank. (34 Iowa, 446; 55 N. Y. Rep., 565; Litt. Selected Cases, 497; Greenleaf's Ev., vol. 1, m.) 2. The third instruction given for appellee is error. (Sec. 1, art. 1, chap. 47, Gen. Stat. ; 2d vol. Russell on Crimes, secs. 21, 24; Elliott v. Commonwealth, 12 Bush, 176.) 1. When the mere possession of goods is obtained animo urandi, and the-title not parted with by the owner, the fraudulent detention is larceny,, not obtaining…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
The indictment accused the appellants of the crime of grand larceny, committed in manner and form as follows, to-wit: “The said Charles Miller and A. P. Smith, in the said county of Jefferson, on the 1st day of February, 1879, and before the finding of this indictment, feloniously did combine, confederate, and conspire to, and did feloniously steal, take, and carry away thirty-nine dollars and fifty cents in money, lawful currency of the United States, the property of Alfred Lyons, contrary to the form of the statute, in such cases made and…
2Cited by30 opinions
- Levering v. CommonwealthCourt of Appeals of Kentucky · 1909
- State v. EdwardsWest Virginia Supreme Court · 1902
- Williams v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934
- Fletcher v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
- State v. GermainOregon Supreme Court · 1909
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