Eaton v. Commonwealth
Court of Appeals of Kentucky
CASE 2. — PROSECUTION AGAINST PRIOR EATON FOR HOUSE-BREAKING AND STEALING GOODS THEREFROM — February 7. Appeal from Pulaski Circuit Court. M. L. Jarvis, Circuit Judge.
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CASE 2. — PROSECUTION AGAINST PRIOR EATON FOR HOUSE-BREAKING AND STEALING GOODS THEREFROM — February 7. Appeal from Pulaski Circuit Court. M. L. Jarvis, Circuit Judge. Defendant convicted and appeals. 1. While, as a general proposition, a conspiracy between a defendant on trial and another jointly indicted with him, may be establish such conspiracy, evidence relating wholly to the acts and is well established by this court, that where the evidence fails to establish such conspiracy, evidence relating wholly to the acts and conduct of one of the defendants, and affecting his' guilt or…
1Opinion of the Court
OPINION by
Judge Paynteb, —
Reversing.
Tlie appellant, Prior Eaton, Sam Price, and Mat Jackson were jointly indicted on the cliarg© of feloniously breaking and entering tlie storeohuse of "W. H. Dnggar & Son with, intent to steal, and stealing, therefrom goods of the value of $275. Separate trials were awarded, and the Commonwealth elected to try the appellant first, which resulted in hi,s conviction and sentence to the penitentiary..'
The appellant lived about 10 miles from the storehouse that was broken into. On that night it seemed to have snowed some, and the nextjao ruing the tracks of four…
2Cited by5 opinions
- McCray v. City of Lake LouisvillaCourt of Appeals of Kentucky (pre-1976) · 1960
- Pace v. CommonwealthCourt of Appeals of Kentucky · 1916
- Lett v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1940
- Bennett v. CommonwealthCourt of Appeals of Kentucky · 1916
- Sosby v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927