Commonwealth v. Hurd
Court of Appeals of Kentucky
Case 2 — Indictment fob Burglary. APPEAL PROM JEFFERSON CIRCUIT 'COURT, CRIMINAL DIVISION. Indictment Dismissed and Commonwealth Appeals. 1. The court has no right to sustain a motion for a peremptory instruction to acquit where there is some evidence tending to sustain the indictment. 2. The offense of housebreaking is included in an indictment for burglary.
1Opinion of the Court
Opinion of the court certified by
JUDGE GUPPY.
The appellee, Hurd, was indicted in the Jefferson Circuit Court for the crime -o-f burglary; and at the conclusion of the testimony for the Commonwealth the defendant moved -the court to instruct the jury peremptorily to find *9him not guilty, upon the grounds that the plaintiff had not proved that the breaking of the ho-use had occurred in the night time. The plaintiff objected, and also moved the court to instruct the jury as to the crime of burglary, charged in the indictment, and for the crime of housebreaking included in the indictment. The…
2Cited by6 opinions
- Wilson v. StateSupreme Court of Florida · 1938
- Breeding v. CommonwealthCourt of Appeals of Kentucky · 1921
- Noble v. PeopleSupreme Court of Colorado · 1919
- Bradley v. CommonwealthCourt of Appeals of Kentucky · 1922
- Fulton v. StateCourt of Criminal Appeals of Texas · 1930
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