Smith v. Commonwealth
Court of Appeals of Kentucky
Case 17 —INDICTMENT— APPEAL FROM HARRISON CIRCUIT COURT. The appellants having gained the possession of the property appropriated with the consent of the owner, and without felonious intent, the subsequent appropriation was not larceny. The court erred in refusing the instructions asked. (State v. Holmes, 57 Am. Decisions, 275; Robinson v. State, 78 Am. Decisions, 187; 12 Am. & Eng. Enc. of Law, p. 770, sec. 5; Same, pp. 771 and 772; Morrison v. State, 50 Am.
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Case 17 —INDICTMENT— APPEAL FROM HARRISON CIRCUIT COURT. The appellants having gained the possession of the property appropriated with the consent of the owner, and without felonious intent, the subsequent appropriation was not larceny. The court erred in refusing the instructions asked. (State v. Holmes, 57 Am. Decisions, 275; Robinson v. State, 78 Am. Decisions, 187; 12 Am. & Eng. Enc. of Law, p. 770, sec. 5; Same, pp. 771 and 772; Morrison v. State, 50 Am. Reports, 120, 121.; Billiard v. State, 30 Texas, 368; Quinton v. State, 28 Am. Reports, 396; Johnson v. State, 1 Texas Court of…
1Opinion of the Court
CHIEE JUSTICE QUIGLEY
delivered the opinion of the court.
Appellants, Elmer Smith, and Morgan Goddard, were indicted in the Harrison Circuit Court for horse-steal*86ing. They were tried, found guilty, and sentenced to confinement in the penitentiary each for four years. The allegations of the indictment under which they were found guilty read as follows :
“The said Elmer Smith and Morgan Groddard on the day of November, 1893, in the county and State aforesaid and before the finding of this indictment, did feloniously combine, confederate and conspire to and did feloniously steal, take and carry…
2Cases cited2 opinions
- Snapp v. CommonwealthCourt of Appeals of Kentucky · 1884
- Elliott v. CommonwealthCourt of Appeals of Kentucky · 1876
3Cited by9 opinions
- United States v. AdcockDistrict Court, W.D. Kentucky · 1943
- Hudspeth v. CommonwealthCourt of Appeals of Kentucky · 1922
- Calhoun v. StateMississippi Supreme Court · 1941
- United States v. TurleyDistrict Court, D. Maryland · 1956
- Cooper v. CommonwealthCourt of Appeals of Kentucky · 1901
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