Jenkins v. Com.
| Decision Date | 03 March 1972 |
| Citation | 477 S.W.2d 795 |
| Parties | Charles JENKINS, Appellant, v. COMMONWEALTH of Kentucky, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
Tom D. Harris, Morganfield, for appellant.
John B. Breckinridge, Atty. Gen., John M. Famularo, Asst. Atty. Gen., Frankfort, for appellee.
VANCE, Commissioner.
The appellant, Charles Jenkins, was convicted of the offense of breaking and entering a dwelling house with intent to steal and was sentenced to confinement in the penitentiary for a term of ten years. KRS 433.180.
On this appeal he asserts as grounds for reversal of the judgment that: (1) the evidence was insufficient to sustain the verdict, (2) he was denied an examining trial, (3) the court erred in the admission of certain evidence and (4) he was prejudiced by improper argument.
The home of Billy Martin was broken into during the daylight hours while none of the family was at home. Some guns and a hunting jacket containing a number of shotgun shells were stolen. Within a few days of the theft the appellant was apprehended in possession of the hunting jacket and shells. His explanation of his possession of the stolen property varied from time to time but at the trial he testified that he had borrowed the jacket and ammunition from a friend who died prior to the trial.
Apparently the jurors disbelieved appellant's testimony. The stolen property was positively identified by the owner and evidence of the possession of it was sufficient to support the conviction of breaking and entering. Wilson v. Commonwealth, 303 Ky. 219, 197 S.W.2d 240 (1946).
The appellant was indicted upon a direct submission of the case to the grand jury without an examining trial. He contends he was thereby prevented from discovering the nature of the evidence which would be used against him.
The purpose of an examining trial is to ascertain whether probable cause exists to hold an accused for an investigation by a grand jury and to protect the accused from detention upon groundless charges pending an investigation by a grand jury. We have frequently held that when an imdictment results from direct submission of evidence to a grand jury, there is no cause for or right to an examining trial and the failure to conduct an examining trial is not error in such a case. Commonwealth v. Watkins, Ky., 398 S.W.2d 698 (1966) and Maggard v. Commonwealth, Ky., 394 S.W.2d 893 (1965).
The hunting jacket and shotgun shells were recovered by a state police officer and were kept by him in a locker at state police headquarters. He had the only key to the locker.
The appellant contends that the jacket and shells were improperly admitted in evidence because they had not been kept in the custody of the court at all times. Appellant cites no authority in support of this argument. It is, of course, necessary to show that the integrity of...
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Caine v. Com.
...694 (1970); Watson v. Commonwealth, Ky ., 444 S.W.2d 553 (1969); Lunsford v. Howard, 316 F.Supp. 1125 (D.C.1970). In Jenkins v. Commonwealth, Ky., 477 S.W.2d 795 (1972), we wrote '* * * when an indictment results from direct submission of evidence to a grand jury, there is no cause for or r......
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Kelly v. Commonwealth, 2017-SC-000265-MR
...claiming entitlement to a mistrial must make a timely request for such relief." Wallace, 478 S.W.3d at 296 (citing Jenkins v. Commonwealth, 477 S.W.2d 795, 797-98 (Ky. 1972) ) (emphasis added). "[W]here an admonishment is sufficient to cure an error and the defendant fails to ask for the ad......
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Pankey v. Com.
...jury there is no cause for or right to an examining trial and the failure to conduct an examining trial is not erroneous. Jenkins v. Commonwealth, Ky., 477 S.W.2d 795 (decided March 3, 1972); Commonwealth v. Watkins, Ky., 398 S.W.2d 698 (1966) and Maggard v. Commonwealth, Ky., 394 S.W.2d 89......
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Manns v. Com.
...at trial. Sherley v. Commonwealth, Ky., 889 S.W.2d 794 (1994); Green v. Commonwealth, Ky., 556 S.W.2d 684 (1977); Jenkins v. Commonwealth, Ky., 477 S.W.2d 795 (1972). Here, there was no need to bring the separation of powers issue to the attention of the trial judge, for, by his own remarks......