West v. Commonwealth
Decision Date | 31 May 1938 |
Parties | WEST v. COMMONWEALTH. |
Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Pulaski County.
Mark West was convicted of chicken stealing, and he appeals.
Affirmed.
W. R Jones, of Somerset, for appellant.
Hubert Meredith, Atty. Gen., and Wm. F. Neill, Asst. Atty. Gen., for appellee.
Mark West has been convicted of the crime of chicken stealing, and sentenced to a term of one year in the state penitentiary. On this appeal he argues that the verdict is flagrantly against the evidence, and the trial court erred in admitting incompetent evidence.
In December, 1931, eighteen chickens were stolen from John Sheperd in Pulaski County. About 7 o'clock in the morning, after the chickens were stolen, Charlie Cundiff met E. H. Weddle, a deputy sheriff, on the street in Somerset and told him that two men were in an automobile parked on a side road near the pump house about one mile from Somerset. He asked Weddle to go out to the pump house and make an investigation. Accompanied by Walter G. Hines, another deputy sheriff, Weddle drove out to the point on the road where the car was parked. In the car were Mark West and Rex Walls. The car belonged to Walls. Hines testified as follows:
The chickens were later identified by Sheperd as the ones that had been stolen. Walls was indicted and entered a plea of guilty, and was sentenced to a term of five years' imprisonment, which he served. Appellant went to Ohio, where he remained until he was apprehended in September, 1937. He testified that he left his father's home early in the morning in question, intending to go to Somerset to take a bus to Cincinnati. Walls overtook him on the road, and asked him to get in the car. Walls had a bottle of whiskey, and he drove the car down the side road to the pump house to take a drink. Appellant claimed that he did not know the chickens were in the car until they were discovered by the officers. He explained his flight by stating that he had theretofore been convicted of a felony and had been released from Greendale Reform School on parole, and that he believed he would be returned to Greendale if arrested on the charge of chicken stealing. Walls testified that he stole the chickens during the night, and that appellant had nothing to do with the theft. Appellant was in the car in which the stolen chickens were being transported, and, on their discovery by the officers, he fled, left the state, and evaded arrest for more than five years. Flight of a person charged with crime is a...
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Lane v. Com.
...this case has been used as precedent for the proposition that only the owner may object to a search of property. In West v. Commonwealth, 273 Ky. 779, 117 S.W.2d 998 (1938) after a chicken theft the officers approached a parked car belonging to Rex Walls, and occupied by him and Mark West. ......
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Hellstrom v. Com., 90-SC-262-MR
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