Griffith v. Commonwealth

Court of Appeals of Kentucky

Griffith v. Commonwealth

9 Ky. Op. 513, 1877 Ky. LEXIS 302

DecidedJune 22, 1877

StatusPublished

This text of 9 Ky. Op. 513 (Griffith v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Griffith v. Commonwealth, 9 Ky. Op. 513, 1877 Ky. LEXIS 302 (Ky. Ct. App. 1877).

Pincite

Opinion

Opinion by

Judge Pryor :

The second instruction for the commonwealth is clearly erroneous. Robbery and larceny are not degrees of the same offense. They are distinct offenses, as much so as burglary and house-breaking are distinct from larceny. Bullitt’s Criminal Code, Sec. 276.

The indictment is good. It is immaterial whether the notes were lawful currency of the country or not. The indictment is for robbery. If the notes are of any value the party committing the offense is guilty. No technical description can be given of them and none other should be required.

The judgment is reversed and cause remanded with direction to award a new trial and for further proceedings consistent with this opinion.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion by

Judge Pryor :

The second instruction for the commonwealth is clearly erroneous. Robbery and larceny are not degrees of the same offense. They are distinct offenses, as much so as burglary and house-breaking are distinct from larceny. Bullitt’s Criminal Code, Sec. 276.

The indictment is good. It is immaterial whether the notes were lawful currency of the country or not. The indictment is for robbery. If the notes are of any value the party committing the offense is guilty. No technical description can be given of them and none other should be required.

The judgment is reversed and cause remanded with direction to award a new trial and for further proceedings consistent with this opinion.

Cite This Page — Counsel Stack

Bluebook (online)

9 Ky. Op. 513, 1877 Ky. LEXIS 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffith-v-commonwealth-kyctapp-1877.