White v. Commonwealth
Court of Appeals of Kentucky
Case 70 — INDICTMENT APPEAL FROM MONROE CIRCUIT COURT. Under an indictment charging a breaking into an out-house used in connection with a dwelling, and proof of breaking into a tobacco barn, there can be no conviction under sec. 4, art. 5, chap. 29, Gen. Stats.
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Case 70 — INDICTMENT APPEAL FROM MONROE CIRCUIT COURT. Under an indictment charging a breaking into an out-house used in connection with a dwelling, and proof of breaking into a tobacco barn, there can be no conviction under sec. 4, art. 5, chap. 29, Gen. Stats. Conviction can be had only under sec. 4, art. 6, chap. 29, Gen. Stats, Where there is only an objection to an instruction when offered, but no exception to the action of the court in granting it, its correctness can not be questioned. (Criminal Code, secs. 280-1-2.)
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
The appellant, Wm. White, was indicted under section 4, article 5, of chapter 29, of the General Statutes, which provides: “If any person shall feloniously * * * break any dwelling-house, or any part thereof, or any out-house belonging to or used with any dwelling-house, and feloniously take away any thing of value, although the owner or any person may not be there, he shall be confined in the penitentiary not less than two nor more than ten years.'1'1
The building broken into was a tobacco barn, situated in a ten-acre field, in which there was no…
2Cases cited1 opinion
- Ray v. CommonwealthCourt of Appeals of Kentucky · 1876
3Cited by4 opinions
- Mason v. CommonwealthCourt of Appeals of Kentucky · 1897
- Moss v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1937
- Unseld v. CommonwealthCourt of Appeals of Kentucky · 1910
- Wilson v. CommonwealthCourt of Appeals of Kentucky · 1917