109 Ky. 8 | Ky. Ct. App. | 1900
Opinion of the court certified by
The appellee, Hurd, was indicted in the Jefferson Circuit Court for the crime -o-f burglary; and at the conclusion of the testimony for the Commonwealth the defendant moved -the court to instruct the jury peremptorily to find
It seems to us that the evidence introduced entitled the Commonwealth to a submission of the cause to the jury, as to the offense named in the indictment. We are also of opinion that the evidence clearly authorized a submission as to the offense of housebreaking, which is a degree of the offense of burglary. See section 262-263, Criminal Code Practice. Presuming that the jury returned a verdict of not guilty, and that defendant has been discharged, we do not undertake to reverse the judgment of the court below; but this opinion is ordered to be certified to the circuit court, as prescribed by law.