Bowling v. Commonwealth
Court of Appeals of Kentucky
Case 125 — INDICTMENT APPEAL FROM OLAY CIRCUIT COURT. 1. A conviction cannot be had upon the uncorroborated testimony of an accomplice. (Crim. Code, see. 241.) 2. The court erred in admitting testimony, and appellant can take advantage of this error, although not made a ground for a new trial.
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Case 125 — INDICTMENT APPEAL FROM OLAY CIRCUIT COURT. 1. A conviction cannot be had upon the uncorroborated testimony of an accomplice. (Crim. Code, see. 241.) 2. The court erred in admitting testimony, and appellant can take advantage of this error, although not made a ground for a new trial. (Johnson v. Commonwealth, 9 Bush, 228; Turnbull v. Commonwealth, 79 Ky., 495.)- 1. The conspiracy having been proved, the statement of a co-conspirator was competent against appellant. 2. As appellant had the benefit of an instruction to the effect that the uncorroborated testimony of an accomplice is…
1Opinion of the Court
JUDGE HARGIS
delivered the opinion op the court.
In The year 1873 the house of Solomon Garland was broken into and robbed.
The robbers went to the house late in the night, after all the inmates had retired, and with a rail broke open the door, entered, and carried away a wooden box that contained three small boxes, in which Garland had deposited $204.25.
Three tracks were found next morning which led from the house to a spot in a field near by, where the boxes were broken open, rifled, and left.
In a few days several persons were arrested and tried fot the robbery, but no sufficient evidence being…
2Cited by8 opinions
- Elmendorf v. CommonwealthCourt of Appeals of Kentucky · 1916
- Deaton v. CommonwealthCourt of Appeals of Kentucky · 1914
- Lane v. CommonwealthCourt of Appeals of Kentucky · 1909
- Miller v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
- Morris v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929
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