Legal Opinion

Hall v. Commonwealth

Court of Appeals of Kentucky

Decided June 15, 1899PublishedCited by 12 opinions

Case 110 — INDICTMENT FOR LARCENY APPEAL PROM PRANKLIN CIRCUIT COURT. 1. Appellant was entitled to have a trial on the question of her guilt or innocence on the charge contained in the indictment alone, and without submitting to the jury at the same time proof as to former convictions. 2. The court erred in admitting before the jury copies of judgments of former convictions for grand larceny because they did not come from the proper custodian. 3. The court erred in refusing…

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Case 110 — INDICTMENT FOR LARCENY APPEAL PROM PRANKLIN CIRCUIT COURT. 1. Appellant was entitled to have a trial on the question of her guilt or innocence on the charge contained in the indictment alone, and without submitting to the jury at the same time proof as to former convictions. 2. The court erred in admitting before the jury copies of judgments of former convictions for grand larceny because they did not come from the proper custodian. 3. The court erred in refusing to instruct the jury on the question of the effect of finding the money and then appropriating it to her own use. 4. The…

1Opinion of the Court

JUDGE DuRELLE

delivered tiie opinion of thf court.

Appellant was found guilty of grand larceny, under an indictment which, in addition to the charge of grand larceny, alleged that she had been twice theretofore convicted of felonies, the punishment of which was confinement in the penitentiary, setting forth the terms and courts at which the former convictions had been had.

The evidence of her guilt was circumstantial. It was shown that the prosecuting witness, having divided his *896money, put thirty-two dollars of it in a sock, which he concealed in a tub in the yard of the house where he was…

2Cases cited3 opinions

  1. Herndon v. CommonwealthCourt of Appeals of Kentucky · 1899
  2. Mount v. CommonwealthCourt of Appeals of Kentucky · 1865
  3. Stewart v. CommonwealthCourt of Appeals of Kentucky · 1881

3Cited by12 opinions

  1. Commonwealth v. ParkerSupreme Court of Pennsylvania · 1928
  2. State v. FindlingSupreme Court of Minnesota · 1913
  3. Coleman v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1939
  4. Turner v. CommonwealthCourt of Appeals of Kentucky · 1921
  5. Curtis v. CommonwealthCourt of Appeals of Kentucky · 1901

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