Catchline at repeal: Stealing cattle -- Hog -- Fowl.
History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. --
Amended 1952 Ky. Acts ch. 36, sec. 1, effective June 19, 1952. -- Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 1195, 1196,
1201c, 1243.
Notes of Decisions
Weber v. Commonwealth, 196 S.W.2d 465 (Ky. Ct. App. 1946).
“2d 376 ), and which makes felonies of what would otherwise be petit larceny of the offenses of stealing chickens or other fowls of the value of $2,- or a hog worth only $4, the maximum penalties being five years imprisonment in the penitentiary.”
Pearson v. Commonwealth, 175 S.W.2d 33 (Ky. Ct. App. 1943).
· cites it 2× “*618 The appellants, Carl Pearson and Raymond Collins, each a juvenile under seventeen years of age, were arrested and brought before the juvenile court of Jackson county, charged by warrant with the crime denounced by sub-section 4, Section 433.250, KRS, of stealing chickens,…”
Jones v. Commonwealth, 453 S.W.2d 564 (Ky. Ct. App. 1970).
“In Rogers we pointed out that where evidence is conflicting, or different inferences may be drawn from it, the question of its weight and probative effect is one that is within the province of the jury.”
Stewart v. Commonwealth, 479 S.W.2d 23 (Ky. Ct. App. 1972).
“Stewart was convicted and sentenced to serve ten years in the penitentiary for stealing cattle, an offense denounced by KRS 433.250(1), and of being an habitual criminal (KRS 431.”
Mouser v. Commonwealth, 491 S.W.2d 821 (Ky. Ct. App. 1973).
“This appeal is from a judgment entered pursuant to the verdict of a jury finding the appellant guilty of cattle stealing (KRS 433.250) under which his punishment was fixed at 10 years in the state penitentiary.”
Fible v. Commonwealth, 461 S.W.2d 553 (Ky. Ct. App. 1970).
· cites it 2× “Appellants appeal from a judgment finding them guilty of cattle stealing (KRS 433.250). Two indictments were returned against appellant Joseph R.”
Pengleton v. Commonwealth, 172 S.W.2d 52 (Ky. Ct. App. 1943).
“The appellant, Kate Pengleton, was jointly indicted *485 with Ralph Smith on a charge of stealing chickens of the value of $2 or more in violation of section 1201c of the Kentucky Statutes (now KRS 433.250). Smith pleaded guilty and was sentenced to.”
Lindsey v. Commonwealth, 383 S.W.2d 333 (Ky. Ct. App. 1964).
“The Commonwealth respondéd to this unusual stratagem by moving for and obtaining a dismissal of the indictment, after which Lindsey was indicted and convicted on two counts charging felonious theft (KRS 433.250) of the same property. The defense of former jeopardy was timely…”
Broadus v. Commonwealth, 465 S.W.2d 245 (Ky. Ct. App. 1971).
“KRS 433.250(2); RCr 11.04 (1). They appeal, contending that the trial court erred in permitting the introduction of evidence obtained under a search warrant that was never produced at the trial, in declining to require production of the warrant, and in instructing the jury.”
McGuire v. Commonwealth, 287 S.W.2d 917 (Ky. Ct. App. 1956).
“Under proper indictment, the evidence here might be sufficient to sustain a conviction for stealing fowls under KRS 433.250(4), but the evidence fails to establish the essential element of a breaking necessary for a conviction under KRS 433.”
Cook v. Commonwealth, 273 S.W.2d 390 (Ky. Ct. App. 1954).
“Appellant, Estil Cook, was jointly indicted with Billy Heath, Carl Harrison, Bobby Walden and Charles Loveless by the grand jury of Pulaski County for the crime of chicken stealing, a crime denounced by KRS 433.250(4). The indictment charged that 20 chickens of the value of $1…”
Lafollette v. Commonwealth, 477 S.W.2d 152 (Ky. Ct. App. 1972).
“Finally counsel for appellants argue that KRS 433.250(2) authorizes the imposition of cruel and unusual punishment and denies appellants equal protection of the law in that the statute differentiates between hogs and other personal property insofar as the value of the property…”
Ky. Rev. Stat. § 433.250(1): 1 case
Stewart v. Commonwealth, 479 S.W.2d 23 (Ky. Ct. App. 1972).
“Stewart was convicted and sentenced to serve ten years in the penitentiary for stealing cattle, an offense denounced by KRS 433.250(1), and of being an habitual criminal (KRS 431.”
Ky. Rev. Stat. § 433.250(2): 2 cases
Broadus v. Commonwealth, 465 S.W.2d 245 (Ky. Ct. App. 1971).
“KRS 433.250(2); RCr 11.04 (1). They appeal, contending that the trial court erred in permitting the introduction of evidence obtained under a search warrant that was never produced at the trial, in declining to require production of the warrant, and in instructing the jury.”
Lafollette v. Commonwealth, 477 S.W.2d 152 (Ky. Ct. App. 1972).
“Finally counsel for appellants argue that KRS 433.250(2) authorizes the imposition of cruel and unusual punishment and denies appellants equal protection of the law in that the statute differentiates between hogs and other personal property insofar as the value of the property…”
Ky. Rev. Stat. § 433.250(4): 5 cases
McGuire v. Commonwealth, 287 S.W.2d 917 (Ky. Ct. App. 1956).
“Under proper indictment, the evidence here might be sufficient to sustain a conviction for stealing fowls under KRS 433.250(4), but the evidence fails to establish the essential element of a breaking necessary for a conviction under KRS 433.”
Cook v. Commonwealth, 273 S.W.2d 390 (Ky. Ct. App. 1954).
“Appellant, Estil Cook, was jointly indicted with Billy Heath, Carl Harrison, Bobby Walden and Charles Loveless by the grand jury of Pulaski County for the crime of chicken stealing, a crime denounced by KRS 433.250(4). The indictment charged that 20 chickens of the value of $1…”
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