Legal Opinion

McBride v. Commonwealth

Court of Appeals of Kentucky

Decided October 2, 1877PublishedCited by 15 opinions

Case 20 — INDICTMENT FOR HORSE-STEALING APPEAL ÍEOM BRACKEN CRIMINAL COURT. The indictment is not sufficiently certain, as required by the Criminal Code, sec. 124; nor is the defect cured by section 128. The indictment charges the stealing of the horse of W. F. Watson, whereas the proof shows the horse taken was the property of Cassam Watson. This did not warrant a conviction.

1Opinion of the Court

JUDGE ERYOR

delivered the opinion op the court.

It is alleged that on the — day of December, 1876, and prior to the finding of the indictment, the accused “ feloniously took and carried away one borse, then and there the personal *338property of "W. F. Watson, against the peace and dignity of the commonwealth of Kentucky.”

The indictment is for horse-stealing, under sec. 2, of art. 11, General Statutes, which provides, “If any person shall steal a horse, mule, jack, or jennet, he shall be confined in the penitentiary not less than two nor more than ten years.”

The charge that he feloniously took a…

2Cited by15 opinions

  1. Lowery v. CommonwealthCourt of Appeals of Kentucky · 1921
  2. Lissenbee v. CommonwealthCourt of Appeals of Kentucky · 1923
  3. Runyon v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
  4. Hopper v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1933
  5. Cannon v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1932

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