McVey v. Commonwealth

5 Citing cases

  1. State v. Cooper

    575 A.2d 1074 (Del. 1990)   Cited 32 times
    Holding that the General Assembly is presumed to be aware of prior judicial decisions

    Prior to the enactment of the new Criminal Code, Delaware's decisional law had consistently adhered to the common law definition of "feloniously" i.e., "`proceeding from an evil heart or purpose, done with deliberate intention of committing a crime, or deliberate, evil intent.'" Brown v. State, Del.Supr., 239 A.2d 628, 629 (1968) (quoting McVey v. Commonwealth, 272 S.W.2d 33, 35 (Ky. 1954)).See Wilson v. State, Del.Supr., 303 A.2d 638, 640-41 (1973); State v. Dredden, Del.Gen.Sess., 73 A. 1042, 1043 (1907); State v. Palmer, Del.Gen.Sess., 53 A. 359, 360 (1902); State v. Kavanaugh, Del.Gen.Sess.

  2. State v. Green

    60 Wis. 2d 570 (Wis. 1973)   Cited 8 times

    "`[F]eloniously' means . . . done with deliberate intention of committing a crime." McVey v. Commonwealth (Ky.App. 1954), 272 S.W.2d 33. "The word, `feloniously,' means . . . done with deliberate intention of committing a crime."

  3. Brown v. State

    239 A.2d 628 (Del. 1968)   Cited 5 times

    In Miller v. State, Del., 233 A.2d 164, we held that the words "without her consent" necessarily implied force in an allegation of rape. We will accept for present purposes defendant's suggested definition of "feloniously", taken from McVey v. Commonwealth (Ky.), 272 S.W.2d 33, as meaning "proceeding from an evil heart or purpose, done with deliberate intention of committing a crime, or deliberate, evil intent". Here, in addition to charging a violent assault and putting in fear, the indictment charges that defendants did steal money and a watch from the victim.

  4. Kohler v. Commonwealth

    492 S.W.2d 198 (Ky. Ct. App. 1973)   Cited 14 times

    The word 'feloniously', was defined as proceeding from an evil heart or purpose, and this definition provided the only avenue through which the jury could have found appellants not guilty on the basis of their story that Ward had purchased the guns with the intention of communicating with the sheriff before disposing of them. This, in our opinion, was not clear enough to constitute a fair presentation of the appellants' theory of defense. Evitts v. Commonwealth, supra. Upon another trial a specific instruction should be given, and the definition of 'feloniously' should be amplified to include the additional words, 'done with deliberate intention of committing a crime.' Cf. McVey v. Commonwealth, Ky., 272 S.W.2d 33, 35 (1954)."

  5. Ward v. Commonwealth

    399 S.W.2d 463 (Ky. Ct. App. 1966)   Cited 2 times

    Evitts v. Commonwealth, supra. Upon another trial a specific instruction should be given, and the definition of "feloniously" should be amplified to include the additional words, "done with deliberate intention of committing a crime." Cf. McVey v. Commonwealth, Ky., 272 S.W.2d 33, 35 (1954). The cause is reversed for a new trial.