Centers v. Com.
| Decision Date | 14 November 1958 |
| Citation | 318 S.W.2d 57 |
| Parties | William CENTERS and Allen Runion, Appellants, v. COMMONWEALTH of Kentucky, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
Davies & Hirschfeld, Newport, for appellants.
Jo M. Ferguson, Atty. Gen., William L. Brooks, Asst. Atty. Gen., for appellee.
Appellants, William Centers and Allen Runion, were first indicted, convicted and sentenced to life imprisonment for the armed robbery of Walter Craddock. About two months after this conviction Walter Craddock died of gunshot wounds inflicted by appellants during the robbery. Appellants were then indicted, convicted and sentenced to life imprisonment for the murder of Walter Craddock. They appeal from the murder conviction. They contend that the trail court should have sustained their joint plea of former jeopardy and directed a verdict of not guilty. No other defense was made during the trial and no other question is presented to this Court.
Appellants contend that the evidence necessary to convict in each case is identical and that the crimes are identical except in name only, and that the first conviction is a bar to the second. This Court does not agree.
In 15 Am.Jur., Criminal Law, Section 380, it is said that the test of identity of offenses is whether the same evidence is required to sustain them and it is further said as follows:
'The fact that some single element of the offense charged may have a single element of some other offense as to which the defendant has previously been in jeopardy is not sufficient to support a plea of former jeopardy.'
In Medlock v. Commonwealth, 216 Ky. 718, 288 S.W. 670, 671, this Court discusses the question of identity and adopts the following rule:
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Com. v. Sparrow
...(1930); State v. Calvo, 240 La. 75, 121 So.2d 244 (1960), cert. den. 364 U.S. 882, 81 S.Ct. 170, 5 L.Ed.2d 103 (1960); Centers v. Commonwealth, 318 S.W.2d 57 (Ky.1958); State v. Orth, 106 Ohio App. 35, 153 N.E.2d 394 (1957); State v. Barton, 5 Wash.2d 234, 105 P.2d 63 (1940); Carmody v. Sev......
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...'same offense' does not mean the same act or transaction; * * *.' 22 C.J.S. Criminal Law § 278(1), pp. 715, 716, 717. In Centers v. Commonwealth (Ky.) 318 S.W.2d 57, the defendants were convicted of armed robbery. Thereafter the victim died of wounds inflicted during the robbery and they we......
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People v. Roderman
...Ga. 109, 118, 117 S.E.2d 573, 148 A.L.R. 980 and authorities cited; People v. Andrae, 305 Ill. 530, 535, 137 N.E. 496; Centers v. Commonwealth, 318 S.W.2d 57, 58 (Ky.); State v. Rodgers, 100 S.C. 77, 82, 84 S.E. 304; State v. Barton, 5 Wash.2d 234, 238, 240, 105 P.2d 63; contra, People v. M......
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