Mann v. Commonwealth

• Decision Date: 09 March 1904
• Citation: 79 S.W. 230
• Parties: MANN v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

79 S.W. 230

MANN v. COMMONWEALTH.

Court of Appeals of Kentucky.

March 9, 1904

Appeal from the Circuit Court, Mason County.

"Not to be officially reported."

Thomas Mann was convicted of feloniously wounding another, and he appeals. Affirmed.

J. M Collins, for appellant.

N. B Hays and Lorine Mix, for the Commonwealth.

PAYNTER J.

The indictment charges Charles Saunders, Thomas Mann, and Edward Morrison with willfully, maliciously, and feloniously shooting and wounding John B. Farrow. It is evident that Mann and Morrison, if not Saunders, went to Farrow's house to commit a robbery, that they broke into it, and when he refused to turn over his money appellant Mann shot him. Charles Saunders was introduced as a witness for the commonwealth, who testified that Mann procured a horse and buggy in the city of Maysville; that they drove to Farrow's house, hitched the horse, and entered the house as we have stated. Saunders claims that Mann and Morrison did not disclose their real purpose to him, but claimed that they were going there to see some girls. For the appellant it is contended that Saunders was an accomplice; that the evidence of Saunders is not corroborated; therefore, as the law will not allow the conviction of one charged with a crime upon the uncorroborated testimony of an accomplice, the court should have directed the jury to acquit the defendant.

We will assume that Saunders was an accomplice, and hold that, if his testimony had not been corroborated, it would have been proper for the court to have directed an acquittal. Miller and Smith v. Commonwealth, 78 Ky. 15, 39 Am Rep. 194; Craft v. Commonwealth, 80 Ky. 349; Commonwealth v. Parker (Ky.) 57 S.W. 484. If there is any evidence tending to corroborate an accomplice, it is sufficient to support a verdict. The evidence tends to support Saunders' testimony as to the circumstances attending the entrance into the house and the shooting and wounding of Farrow. It also tends to show that a horse's tracks were found, indicating that a horse had been hitched where Saunders said they had hitched the horse. It likewise tended to show that the horse had been shod by a blacksmith by the name of Crawford, who did it in a peculiar way, and the tracks indicated that it had been made by such a shoe. A hat was found near Farrow's house, and Simon Nelson testified that he had sold it, or one like it, to Mann. R. R Thompson testified that when he...