Legal Opinion
Loving v. Commonwealth
Court of Appeals of Kentucky
Decided January 20, 1900PublishedCited by 8 opinions
-Case 93 — .INDICTMENT FOR HOUSE-BREAKING — APPEAL PROM JEPFERSON CIRCUIT COURT, CRIMINAL DIVISION. 1. 'No crime against the statute shown. Ky. Stats., sec. 1162. 2. The court -erred in defining “taking.” On the points made by counsel for appellant. Ky. Stats-., sec. 1162; Breckinridge v. Com., ,97 Ky., 272; Com. v. Prewitt, 82 Ky., 240.
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion oe the court.
Section 1162, Kentucky Statutes, reads as follows:
“If any person shall feloniously . . . break any dwelling house or any part thereof, or any out-house belonging to or used with any dwelling house, and feloniously take away anything of value, although the owner or any person may not be there, he shall be confined in the penitentiary not less than two nor more than ten years.”
The prosecution is under this section of the statute. It is averred in the indictment that the appellant “unlawfully and feloniously did break and enter into1 the dwelling…
2Cited by8 opinions
- Mosso v. E. H. Stanton Co.Washington Supreme Court · 1913
- Louisville & Nashville R. R. v. LoweCourt of Appeals of Kentucky · 1904
- Chicago, St. Louis & New Orleans Railroad v. Armstrong's AdministratorCourt of Appeals of Kentucky · 1916
- Whallen's Executors v. MooreCourt of Appeals of Kentucky (pre-1976) · 1933
- Louisville & Nashville R. R. v. MillerCourt of Appeals of Kentucky · 1909
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