Sutton v. Commonwealth

PALMORE, Chief Justice.

The question in this case is whether one who steals property can be convicted of knowingly retaining the stolen goods under KRS 514.110(1). We agree with the Court of Appeals that he can. It may be that in enacting KRS 514.110 the legislature did not actually intend to change the prevailing construction under the former statute on receiving stolen property, KRS 433.290, to the effect that the thief himself cannot be guilty, cf. Mercer v. Commonwealth, Ky., 330 S.W.2d 734, 737 (I960),* but we think the plain words of the new statute must prevail. KRS 433.290 applied to a…