Com. v. Finn

• Decision Date: 25 April 1905
• Parties: COMMONWEALTH v. FINN.
• Court: Kentucky Court of Appeals

86 S.W. 693

120 Ky. 364

COMMONWEALTH v. FINN.

Court of Appeals of Kentucky.

April 25, 1905

Appeal from Circuit Court, Mason County.

"To be officially reported."

William Finn, alias Thomas Lowry, was indicted for larceny from the person, etc., and from an order sustaining a demurrer to so much of the indictment as attempted to charge other convictions the commonwealth appeals. Affirmed.

N. B Hays and Chas. Morris, for the Commonwealth. Sallee &amp Slattery, for appellee.

O'REAR J.

The indictment in this case is in the following language:

"The grand jury of Mason county, in the name and by the authority of the commonwealth of Kentucky, accuse William Finn, alias Thos. Lowry, of the crime of robbery, and two former convictions, committed as follows, viz.: The said William Finn, alias Thos. Lowry, on the 7th day of October 1903, and other days before and since, within twelve months last past, and before the finding of this indictment, in the county aforesaid, did unlawfully, feloniously, and forcibly take, steal, and carry away one diamond pin--the more exact description of same is unknown to the grand jury--then and there the personal property of W. R. Varian, and of the value of thirty-five dollars and more, and all of which was so feloniously taken, stolen, and carried away by said William Finn, alias Thos. Lowry, from the person of said W. R. Varian, without his consent and against his will, by force and violence, and putting him, the said W. R. Varian, in fear of some immediate injury to his person, contrary to law, and against the peace and dignity of the commonwealth of Kentucky. Ed. Daum, Commonwealth Attorney.

"The grand jury further charge that on the 19th day of July, 1900, the aforesaid William Finn, alias Walter Harvey, and alias Edward Harvey, was convicted of burglary in the state of Wisconsin, and that on the 28th day of February, 1902, he, the said William Finn, alias Thos. Lowry, alias Harry Ramsey, was convicted of robbery in the state of Louisiana, contrary to law, and against the peace and dignity of the commonwealth of Kentucky."

The circuit court sustained a demurrer to so much of the indictment as attempted to charge appellee with two former convictions, but overruled the demurrer in so far is it charged appellee with the crime of robbery. The court is of opinion that the ruling in both respects was correct.

Concerning the former conviction, the indictment is...