Commonwealth v. Wallace

EDWARD P. HILL, Jr., Justice.

By this appeal the Commonwealth of Kentucky seeks a certification of the law.

The appellee was, by separate indictments, charged with knowingly receiving stolen property (KRS 433.290) and breaking into and entering the storehouse of another (KRS 433.190). The Commonwealth elected to and tried the appellee under the indictment charging that he knowingly received stolen property.

At the conclusion of the Commonwealth’s evidence, the trial judge directed a verdict of acquittal on the belief that the evidence tended to show that the appellee actually broke into the…