McClure v. Commonwealth
Court of Appeals of Kentucky
Case 69 — INDICTMENT APPEAL FROM IIARDIN CIRCUIT COURT. It is clearly shown that appellant is under fourteen years of age, and not of sound mind. Being under fourteen years of age, the evidence of that nature, which is to supply age, ought to he strong and clear beyond all doubt and contradiction. (4 Bl. Com., 23.) The instructions are misleading. The whole (jase shows that appellant, although under fourteen, know th« criminal character of the act he committed.
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Case 69 — INDICTMENT APPEAL FROM IIARDIN CIRCUIT COURT. It is clearly shown that appellant is under fourteen years of age, and not of sound mind. Being under fourteen years of age, the evidence of that nature, which is to supply age, ought to he strong and clear beyond all doubt and contradiction. (4 Bl. Com., 23.) The instructions are misleading. The whole (jase shows that appellant, although under fourteen, know th« criminal character of the act he committed. With such proof, there can be no presumption of incapacity from want of age.
1Opinion of the Court
CHIBE JUSTICE HARGIS
delivered the opinion of the court.
The appellant, Bill Ike McClure, and Jo. Woosley, were indicted, tried, and sentenced to the penitentiary for one year for the offense of breaking into a store in the night time, with the alleged “intent to commit the felony of grand larceny.”
*449It appears from the record that both of them prayed an appeal to this court, but, for some unexplained reason, Jo.’s counsel withdrew his prayer for an appeal, and consequently only one of these children is before us asking a reversal of that sentence.
The appellant was between thirteen and fourteen…
2Cited by4 opinions
- Stone v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1970
- Buckles v. CommonwealthCourt of Appeals of Kentucky · 1902
- Bowman v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1956
- Warren v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1953