Legal Opinion

Whitaker v. Commonwealth

Court of Appeals of Kentucky (pre-1976)

Decided March 31, 1972PublishedCited by 13 opinions

1Opinion of the Court

NEIKIRK, Judge.

Charles Randell Whitaker and Willard Frederick Wells were convicted in the Nicholas Circuit Court of breaking and entering a dwelling house with intent to steal. KRS 433.180. Their punishment was fixed by the jury at two years’ confinement in the state penitentiary. They appeal. We affirm the judgment as to Whitaker and reverse the judgment as to Wells.

The evidence discloses that Mabel Kendall, wife of Howard Kendall, owned a farm in Nicholas County. The improvements thereon consisted of a tenant house, smokehouse, garage, and a barn. The Kendalls did not live on the farm. The…

2Cases cited14 opinions

  1. Kent v. United StatesSupreme Court of the United States · 1966
  2. Smith v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1967
  3. Hunt v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1971
  4. Commonwealth v. FranksCourt of Appeals of Kentucky · 1915
  5. Koonce v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1970

9 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Allen Dale Canary v. Dr. David H. Bland, Commissioner of Corrections, Commonwealth of KentuckyCourt of Appeals for the Sixth Circuit · 1978
  2. James G. Crick v. Steve Smith, Warden, Kentucky State ReformatoryCourt of Appeals for the Sixth Circuit · 1981
  3. Robert Lee White v. Dewey Sowders, Superintendent, Kentucky State Reformatory and Robert F. Stephens, Attorney General of KentuckyCourt of Appeals for the Sixth Circuit · 1980
  4. Crick v. CommonwealthKentucky Supreme Court · 1977
  5. Hubbs v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1974

8 more not listed; retrieve them via the Exa API.

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