Commonwealth v. Day

LUKOWSKY, Justice.

On June 23, 1977 Harlass Barton discovered his 1962 truck missing from the parking spot on Main Street in Harlan, where he had left it the evening before. On July 3, 1977 Barton saw his truck, with Rex Allen Day standing close by, in a nearby community, and he called the police.

Day was indicted for theft by unlawful taking, KRS 514.030(l)(a). He maintained at the time of his arrest and throughout the trial that he lawfully traded for the truck. The jury found to the contrary. Day was convicted and sentenced to one year of imprisonment. He appeals. The Court of Appeals found…