Blackburn v. Commonwealth

Blackburn Et Al. v. Commonwealth

Blackburn v. Commonwealth, 20 S.W.2d 441 (Ky. Ct. App. 1929)

Court: Court of Appeals of Kentucky (pre-1976) · State Highest Courts
Decided: September 27, 1929
Judges: McCandless
Citations: 20 S.W.2d 441230 Ky. 6031929 Ky. LEXIS 125

Cited by 5

Opinion of the Court — McCandless

*604 Opinion op the Court by Chief Justice McCandless —Reversing.

The appellants were tried on a charge of grand larceny. Both were found guilty and sentenced to confinement in the penitentiary for a period of one year. The principal error relied on for reversal is that the court erred in overruling a demurrer to the indictment. The indictment does not charge that the alleged taking of the property in question was done against the will or without the consent of the owner. We have held this to be a fatal defect. Hudspeth v. Com., 195 Ky. 4 , 241 S. W, 71. The Attorney General admits that the Hudspeth case is controlling if followed, but insists that it should be overruled. After a careful consideration, we have decided to adhere to the ruling laid down ip that case; it being unnecessary to add anything to the elaborate discussion, therein.

Wherefore the judgment is reversed, and cause remanded, with instructions to sustain a demurrer to the indictment.

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No later court has written an explanatory parenthetical about this case yet.

Cited by 5 cases

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State Highest Courts5

Relies on it most ⓘ

White v. Commonwealth45 S.W.2d 491 (Ky. Ct. App. 1932)
Maggard v. Commonwealth78 S.W.2d 315 (Ky. Ct. App. 1935)
Page v. Commonwealth32 S.W.2d 17 (Ky. Ct. App. 1930)
Nelson v. Commonwealth96 S.W.2d 1009 (Ky. Ct. App. 1936)
Slusher v. Commonwealth101 S.W.2d 663 (Ky. Ct. App. 1937)

Most recent

Slusher v. Commonwealth101 S.W.2d 663 (Ky. Ct. App. 1937)
Nelson v. Commonwealth96 S.W.2d 1009 (Ky. Ct. App. 1936)
Maggard v. Commonwealth78 S.W.2d 315 (Ky. Ct. App. 1935)
White v. Commonwealth45 S.W.2d 491 (Ky. Ct. App. 1932)
Page v. Commonwealth32 S.W.2d 17 (Ky. Ct. App. 1930)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

Depth	Case	Cited by
	Hudspeth v. Commonwealth, 241 S.W. 71 (Ky. Ct. App. 1922)	16

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