[DOWNLOAD] "Caudill v. Commonwealth" by Court Of Appeals Of Kentucky # eBook PDF Kindle ePub Free
eBook details
- Title: Caudill v. Commonwealth
- Author : Court Of Appeals Of Kentucky
- Release Date : January 13, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
MORRIS, Commissioner. Appellant stands convicted of knowingly receiving stolen property of more than $20 value, KRS 433.290, his punishment being fixed at one year's imprisonment, the minimum under KRS 433.220. Waiving other grounds set up in his motion for a new trial, he contends that the court was in error in overruling his motion for a favorable directed verdict, made at the close of the Commonwealth's evidence and renewed at the close of the trial. It is argued that the Commonwealth failed to prove that the articles alleged to have been stolen from Mullins, the chief prosecuting witness, were found in the possession of appellant in Knott County. The answer to this is that the proof shows that Mullins and appellant were neighbors, both living in Knott County, and the articles or most of them were found in appellant's home. It is argued that the court should have sustained the renewed motion because it was not shown that the property in question had been stolen, and appellant had given a satisfactory explanation of his acquisition of the various articles. Mullins testified that on a certain night in September 1951, when he was absent, some one entered his home and took a watch, an electric iron, a radio tone filter, a hand drill and a quilt. It appears that Mullins had a fairly well-founded suspicion as to the location of the missing articles, and at a later date obtained a warrant for the search of appellant's home, and its execution resulted in finding all the missing articles save the watch, which had been turned over to a used-car dealer by appellant in an automobile trade. The works of the watch had been taken from the original case and put into another, but Mullins had no trouble in identifying it. Appellant admits the trading of the watch.