Commonwealth v. Woolfolk
Court of Appeals of Kentucky
CASE 20. — PROSECUTION AGAINST WALLACE WOOLFOLK FOR FELONIOUSLY BREAKING AND ENTERING A DWELLING HOUSE. Appeal from Hopkins Circuit Court. J. F. Gordon, Circuit Judge. From an acquittal by a jury under peremptory instructions the Commonwealth appeals.
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CASE 20. — PROSECUTION AGAINST WALLACE WOOLFOLK FOR FELONIOUSLY BREAKING AND ENTERING A DWELLING HOUSE. Appeal from Hopkins Circuit Court. J. F. Gordon, Circuit Judge. From an acquittal by a jury under peremptory instructions the Commonwealth appeals. We submit that where a tenant of a dwelling house left it temporarily, leaving his trunk therein, with the intention of returning in a few days, it was a dwelling house in the meaning of the law, and any one breaking into such house with intent to steal therefrom is guilty under Ky. Stats., sec. 1162.
1Opinion of the Court
Opinion by
Judge Settle
Reversing.
The appellee, Wallace Woof oik, and one Otho Armstrong were jointly indicted in the Hopkins Circuit Court for feloniously breaking and entering a dwelling house and taking therefrom, property of value belonging to another. A separate trial was al*165lowed appellee, which resulted in his acquittal by the jury under a peremptory instruction from the trial judge requiring them to so find. Counsel for the Commonwealth excepted to the giving of the peremptory instruction by the lower court, and prosecutes an appeal to obtain the decision of this court upon the question…
2Cited by2 opinions
- Thomas v. CommonwealthCourt of Appeals of Kentucky · 1912
- Whitfield v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1939