Dunn v. Commonwealth
Court of Appeals of Kentucky
Case 55 — Prosecution Against W. J. Dunn for Housebreaking.— APPEAL FROM WOLFE CIRCUIT COURT — ROBERT RIDDELL, CIRCUIT JUDGE. Defendant Convicted and Appeals. 1. No witness proves the venue of the prosecution. It was ■proven that it occurred'on Stillwater, in April, 1892, but it is not proven that Stillwater is in Wol'fe county. 2. The molasses alleged to have been stolen was not identified as the molasses that was lost by the owner.
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Case 55 — Prosecution Against W. J. Dunn for Housebreaking.— APPEAL FROM WOLFE CIRCUIT COURT — ROBERT RIDDELL, CIRCUIT JUDGE. Defendant Convicted and Appeals. 1. No witness proves the venue of the prosecution. It was ■proven that it occurred'on Stillwater, in April, 1892, but it is not proven that Stillwater is in Wol'fe county. 2. The molasses alleged to have been stolen was not identified as the molasses that was lost by the owner. An identification of molasses by comparison and appearance is too unsatisfactory to allow a verdict of conviction to stand. 3. The indictment charges appellant…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE HOBSON
Reversing.
Appellant Dunn was convicted of the offense of housebreaking and his punishment fixed at two and a half years’ •confinement in the penitentiary. He demurred to the indictment against him. His demurrer was overruled, and the •sufficiency of the indictment is the first question to be determined on the appeal. The charge of the indictment is that the defendant Dunn “did unlawfully, willfully, maliciously, feloniously, and forcibly break open and enter into the smokehouse of J. N. Chambers for the purpose of taking, stealing and carrying away…
2Cited by9 opinions
- Elswick v. MatneyCourt of Appeals of Kentucky · 1909
- Allison v. HarrisonTexas Supreme Court · 1941
- Sumrall v. ManinniCourt of Appeals of Kentucky · 1906
- Jackson v. Pepper Gasoline Co.Court of Appeals of Kentucky (pre-1976) · 1940
- Fletcher v. HowardCourt of Appeals of Kentucky (pre-1976) · 1928
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