Johnson v. Commonwealth
Court of Appeals of Kentucky
Case 35 — INDICTMENT APPEAL PROM J EPPERSON CIRCUIT COURT. Under an indictment charging that the accused broke and entered, with intent to steal therefrom, a house in the possession of “ W,” there can he no conviction where the proof shows that the house was in the joint possession of W & O. The variance between the allegations in the indictment and the proof is not material. (Criminal Code, section 128; 5 Bush, 377.)
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
The indictment in this case charges the accused with the crime of house-breaking, committed by forcibly and *190feloniously, in the night-time, breaking and entering the barber shop of Philip White, with intent to commit a larceny, and then and there feloniously taking and carrying away one hone, razors, one clipping machine, and one pistol, the property of said White, with the fraudulent intent to convert said goods to his own use, and permanently deprive said White of his property therein. But the evidence showed the shop broken was, at -the time of…
2Cited by7 opinions
- Commonwealth v. McGarveyCourt of Appeals of Kentucky · 1914
- Cannon v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1932
- Taylor v. CommonwealthCourt of Appeals of Kentucky · 1903
- Davidson v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934
- Hamm v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1937
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