Smith v. Commonwealth
Court of Appeals of Kentucky
CASE 42. — PROSECUTION AGAINST CHARLES SMITH FOR HORSE STEALING. — September 23. Appeal from Hardin Circuit Court. John Allen Dean, Special Judge.
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CASE 42. — PROSECUTION AGAINST CHARLES SMITH FOR HORSE STEALING. — September 23. Appeal from Hardin Circuit Court. John Allen Dean, Special Judge. Defendant convicted and appeals — 1. Our contention is that a person who has obtained possession of property fraudulently, and with intention to convert it to his own use, must subsequently do some overt act towards carrying out that intention before he can be found guilty of larqeny, and the overt act must be something other than that which he agreed to do when ne obtained the possession, and other than that for which the possession was delivered…
1Opinion of the Court
Opinion op the Court by
Judge Settle —
Affirming.
By the verdict of a jury and judgment of the Hardin circuit court, appellant, following the return of an indictment against him'for horse stealing, was convicted of that crime, and his punishment fixed at confinement in the penitentiary for a term of three years. He insists that the judgment of conviction should be reversed because (1) the verdict of the jury was contrary to law, and without support from the evidence; (2)-that the court failed to properly instruct the jury, and should have peremptorily in*435structed them to find him not guilty; (3)…
2Cited by6 opinions
- Clark v. Young's Extx.Court of Appeals of Kentucky · 1912
- Langford's v. MilesCourt of Appeals of Kentucky · 1920
- Crump v. ChenaultCourt of Appeals of Kentucky · 1913
- Commonwealth v. SchangCourt of Appeals of Kentucky · 1909
- Ford v. CommonwealthCourt of Appeals of Kentucky · 1917
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