Christian v. Commonwealth
Court of Appeals of Kentucky
Case 2 — INDICTMENT FOR LARCENY APPEAL PROM GREENUP CRIMINAL COURT. First. Testing the indictment by the rule that the allegata and probata must agree, there was a fatal failure of proof, and no legal conviction can be maintained. (Clark v. Commonwealth, 16 B. Mon. 206.) Second. When the Commonwealth charges a conspiracy it must prove it in order to deprive the accused of the benefit of the evidence of those jointly indicted with him. (Criminal Code, sec. 234.) Third.
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Case 2 — INDICTMENT FOR LARCENY APPEAL PROM GREENUP CRIMINAL COURT. First. Testing the indictment by the rule that the allegata and probata must agree, there was a fatal failure of proof, and no legal conviction can be maintained. (Clark v. Commonwealth, 16 B. Mon. 206.) Second. When the Commonwealth charges a conspiracy it must prove it in order to deprive the accused of the benefit of the evidence of those jointly indicted with him. (Criminal Code, sec. 234.) Third. An indictment must charge but one offense, except as mentioned in section 127 of the Criminal Code. a In this case two…
1Opinion of the Court
JUDGE COFER
delivered the opinion op the court.
The appellants and others were jointly indicted in the Greenup Criminal Court, at its May Term, 1877, for the larceny of five hundred pounds of bacon, the personal property of Jane Kelley; and the appellants having been tried and *265found guilty have appealed to this court to obtain a reversal of the judgment against them.
John and David Christian were tried together and William Salyards was tried separately. On the trial each offered his co-defendants as witnesses in his behalf, and avowed that he could prove by them respectively facts which were…
2Cited by4 opinions
- Galloway v. CommonwealthCourt of Appeals of Kentucky · 1883
- Jeffries v. CommonwealthCourt of Appeals of Kentucky · 1886
- Fleming v. CommonwealthCourt of Appeals of Kentucky · 1883
- Gambrel v. CommonwealthCourt of Appeals of Kentucky · 1880