Triplett v. Commonwealth
Court of Appeals of Kentucky
Case 27 — INDICTMENT APPEAL PROM PAYETTE CIRCUIT COURT. 1.Appellant having been tried and acquitted under an indictment charging him with burglary, can not be prosecuted for larceny committed at the same time and place.
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Case 27 — INDICTMENT APPEAL PROM PAYETTE CIRCUIT COURT. 1.Appellant having been tried and acquitted under an indictment charging him with burglary, can not be prosecuted for larceny committed at the same time and place. (Fisher v. 'Commonwealth, 1 Bush, 211; Hinckle v. Commonwealth, 4 Dana, 519; 1 Bishop’s Criminal Law (5th edition), 1050, 1051, 1062, 10.63, 1064, and extract from Waite, C. J., in foot notes to 1062.) '.2. The peremptory instruction to find the defendant guilty was unauthorized. 1. The appellant failed to sustain his plea of former acquittal, the former indictment being for…
1Opinion of the Court
JUDGE PETOE
delivered the opinion op the court.
The appellant, Dick Triplett, was indicted by the .grand jnry of Fayette county, for grand larceny, in *194feloniously taking and carrying away thirty dollars in United States currency, bank notes, etc., the personal property of one Ed. Caldwell.
On the trial of the indictment the accused entered the plea of former acquittal, alleging in substance that he had been indicted in the same court for burglary, in breaking and entering the dwelling of'. Ed. Caldwell, with the intent to steal therefrom. That the present indictment for larceny is for stealing…
2Cases cited3 opinions
- Roberts v. StateSupreme Court of Georgia · 1853
- Wilson v. StateSupreme Court of Connecticut · 1855
- Fisher v. CommonwealthCourt of Appeals of Kentucky · 1866
3Cited by17 opinions
- Estevez v. StateSupreme Court of Florida · 1975
- Stevens v. McClaughryCourt of Appeals for the Eighth Circuit · 1913
- Munson v. McClaughryCourt of Appeals for the Eighth Circuit · 1912
- Halligan v. WayneCourt of Appeals for the Ninth Circuit · 1910
- Black v. StateCourt of Appeals of Georgia · 1913
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