Crutchfield v. Commonwealth
| Decision Date | 25 April 1933 |
| Citation | 59 S.W.2d 983,248 Ky. 704 |
| Parties | CRUTCHFIELD et al. v. COMMONWEALTH. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Hopkins County.
Garner Crutchfield and others were convicted of assault with intent to rob as defined by Ky. St., § 1160, and they appeal.
Affirmed.
Beverly B. WADdill, of MADisonville, for appellants.
Bailey P. Wootton, Atty. Gen., and H. Hamilton Rice, Asst. Atty Gen., for the Commonwealth.
The appellants, Garner Crutchfield, Luther Minor, and Rufus Taylor, three negro youths, were jointly indicted for the crime of assault with intent to rob as defined by section 1160 of the Kentucky Statutes. Upon their trial they were convicted and the punishment of each was fixed at confinement in the penitentiary for a term of twelve years.
On this appeal they seek a reversal of the judgment on the following grounds: (1) The verdict is not sustained by the evidence (2) the court erred in the ADmission of evidence; and (3) the statute under which they were tried and convicted is unconstitutional.
The indictment charged Crutchfield and Minor as principals and Taylor as aider and abettor. The crime was committed at about 9:30 o'clock on a Saturday night in January, 1933. Laurel Wyatt, a merchant of MADisonville, after closing his store and purchasing some groceries, drove to his home in an automobile accompanied by his wife and twelve year old daughter. His home is on the south side of BroADway about 50 feet from the intersection of BroADway and Spring Lake streets. There is one lot between Wyatt's lot and Spring Lake street. He drove the automobile into his garage which is located on the rear of his lot, turned off the lights, and was in the act of setting the groceries on the ground just outside of the garage when he was struck on the heAD three times. He was stunned but recovered sufficiently to identify Minor as one of his assailants. Mrs. Wyatt saw two negro men attacking her husband but was unable to recognize them in the darkness. After striking Wyatt, one of the men drew a pistol placed it against his chest, and ran his hand in Wyatt's overcoat pocket. Mrs. Wyatt and her daughter began screaming and the men ran, going across the rear of the ADjoining lot towards Spring Lake street. Mr. and Mrs. Wyatt started across BroADway street to the home of a neighbor, and before they reached the neighbor's home they heard an automobile start on Spring Lake street and shortly thereafter they heard a crash. It developed that an automobile hAD run into the rear of a truck which was parked on the north side of BroADway about 100 feet west of the intersection of BroADway and Spring Lake streets. Several persons living in the neighborhood heard the crash and went to the scene of the accident immediately. They found that a Plymouth automobile hAD run into the rear of a truck, Taylor was standing just back of the automobile, and Minor was pinned in the wrecked car. Both were injured. Police officers soon arrived and arrested Minor and Taylor and later arrested Crutchfield, who appeared on the scene and ADmitted that he hAD been in the wreck. He also hAD been injured. He claimed that he hAD been rendered unconscious and that when he regained consciousness he was two or three squares away.
Three witnesses testified that the tracks mADe by the automobile in which appellants were riding were plainly discernible on the street and that they followed them and found that the automobile hAD turned out of Spring Lake street into BroADway and hAD been parked on Spring Lake street at a point nearly opposite Wyatt's garage. The Plymouth automobile belonged to Dr. E. G. Lester, a colored physician who lived two or three squares from the place of the accident. He testified that Taylor hAD asked permission to use his car for a few minutes earlier in the evening but that he hAD refused to let him have it. He learned shortly afterward, however, that the car was gone and soon learned of the accident. Taylor testified that he borrowed the car from Dr. Lester to drive to his home and that on the way he picked up Crutchfield and Minor, and while they were driving rapidly west on BroADway the accident occurred, and that he hAD not been on Spring Lake street.
Lonnie Jones testified that he was in the Hopkins county jail while appellants were there and that he heard a conversation between them in which Minor asked Crutchfield why he left when they hAD the wreck, and Crutchfield said he went home to wash his face and put on a clean shirt. Minor then asked him what he did with the gun, and he said he put it under the doorstep. No pistol was found on any of the appellants when they were arrested....
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