Huff v. Com.
| Decision Date | 01 July 1966 |
| Parties | Sherrill HUFF, Appellant, v. COMMONWEALTH of Kentucky, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
Thomas B. Givhan, Charles W. Stratton, Givhan & Stratton, Shepherdsville, for appellant.
Robert Matthews, Atty. Gen., George F. Rabe, Asst. Atty. Gen., Frankfort, for appellee.
This appeal questions the propriety of a judgment of conviction in two consolidated cases: one charging appellant with reckless driving (KRS 189.290), in which the court's conclusion and judgment fixed his penalty at $100; and the other charging the operation of a motor vehicle on a suspended operator's license (KRS 186.620), on which his fine was assessed at $10. Former jeopardy is the one and only argument presented for reversing both judgments.
Appellant was traveling south on I--65 about three miles north of Shepherdsville in Bullitt County when he observed through his rear-view mirror the state patrol cruiser operated by Officer Grossman passing other vehicles and about to catch up with him. Appellant had no operator's license, same having previously been revoked for speeding. Officer Grossman did not know of the revocation of appellant's operator's license, but appellant became fearful that the officer was pursuing him, so, he increased his speed to such an extent the officer's attention was attracted by his speed, whereupon, the officer gave chase, both increasing their speed all the while. During the chase, Officer Grossman radioed the State Police Barracks at Elizabethtown, and the latter got in touch with State Patrol Officer Feltner, who was in the vicinity of Bardstown. Feltner and Grossman made contact by radio at a time when Grossman was about midway between Lebanon Junction and Boston, where the contact was ostensibly broken by the wrecking of Grossman's cruiser. Appellant was not far ahead of Grossman when the wreck occurred as he observed the dust from the cruiser as it left the blacktop highway. Upon seeing the dust, appellant slowed down, momentarily, but did not say whether he slowed down to 90, 70 or 20 miles per hour. Being uncertain as to whether Grossman was still pursuing, he resumed a high rate of speed of about 100 miles per hour on to Boston, a distance of two miles, thence east on Ky. 62 in the direction of Bardstown. Appellant met Feltner about three and one-half miles east of Boston. Feltner recognized appellant, turned around, and gave chase a distance of two to two and one-half miles where appellant stopped on a side road.
Officer Feltner thereupon arrested appellant and wrote out and gave him two citations to appear in the Nelson County Court. One citation was for reckless driving; the other one for driving under a suspended operator's license. Officer Feltner returned appellant to the scene of Grossman's wreck, where Grossman wrote out two citations with charges identical to those made by Feltner to appear in one of the courts of Bullitt County. Feltner's citations showed the time of violations at 7:10 p.m., while Grossman's two citations showed the offenses to have been committed at 6:50 p.m. These citations were filed in the record but...
To continue reading
Request your trial
-
U.S. v. Lopez
...held, however, that speeding in excess of 100 miles per hour constitutes reckless driving under § 189.290(1). See Huff v. Commonwealth, 406 S.W.2d 831, 833 (Ky.1966). Here, it is undisputed that Lopez sped past [KSP Trooper] Cromer in excess of 100 miles per hour. Lopez thus committed a vio......
-
Com. v. Priddy, No. 2003-SC-000041-DG.
...and that the trial court's findings be "supported by substantial evidence," not, e.g., "the writing on the wall."1 Huff v. Commonwealth, 406 S.W.2d 831, 832 (Ky.1966) ("These [traffic] citations were filed in the record but do not ascend to the dignity of competent evidence ....") (appeal f......
-
Smith v. City of Irondale
...rate of speed in Birmingham crossed into Irondale on the same journey. State v. Boucher, 286 Minn. 475, 176 N.W.2d 624; Huff v. Commonwealth (Ky.), 406 S.W.2d 831. The principle here enunciated is against the salami slicing technique of making one act into a whole congeries of alleged offen......
-
State v. Boucher
...former prosecution bars the present prosecution. The decisions of other courts support our disposition of this case. E.g., Huff v. Commonwealth (Ky.), 406 S.W.2d 831; State v. Francis, 67 N.J.Super. 377, 170 A.2d 476; State v. Vogel, 4 Conn.Cir. 102, 225 A.2d 831; State v. Willhite, 40 N.J.......