Means v. Commonwealth

12 Citing cases

  1. Goodin v. Commonwealth

    75 S.W.2d 567 (Ky. Ct. App. 1934)   Cited 5 times

    Moreover, accomplices cannot be corroborated by showing motive alone. See 16 C. J., p. 707, sec. 1443; Means v. Com., 238 Ky. 366, 38 S.W.2d 193. In People v. Becker, 210 N.Y. 274, 104 N.E. 396, in reversing a conviction of Becker for the murder of Rosenthal, this question is discussed and it was so held in both of the concurring opinions. It was so held in Vails v. State, 59 Tex. Cr. R. 340, 128 S.W. 1117, 1120, and in Williams v. State, 152 Ga. 498, 110 S.E. 286, the Supreme Court of Georgia, after citation and elaborate. discussion of these and other cases, reached the same conclusion.

  2. Head v. Commonwealth

    310 S.W.2d 285 (Ky. Ct. App. 1958)   Cited 15 times

    To determine whether one is an accomplice, the evidence showing participation in or connection with the offense should be weighed to see if it is sufficient to convict such person either as a principal or as an aider and abettor. Crouch v. Commonwealth, 201 Ky. 460, 257 S.W. 20; Means v. Commonwealth, 238 Ky. 366, 38 S.W.2d 193; Cook v. Commonwealth, Ky., 273 S.W.2d 390. In applying these principles, neither mere association with the accused prior to or after commission of the offense; Wilson v. Commonwealth, 166 Ky. 301, 179 S.W. 237; Johnson v. Commonwealth, 206 Ky. 594, 268 S.W. 302; Hall v. Commonwealth, Ky., 248 S.W.2d 417; nor presence at the time of the commission of the crime is sufficient to make one an accomplice.

  3. Bryant v. Commonwealth

    277 S.W.2d 55 (Ky. Ct. App. 1955)   Cited 4 times

    It is apparent from the record that only the testimony of Lay, the accomplice, implicates Bryant with the offense charged against him, or, to state it differently, if we eliminate Lay's evidence, there is no proof whatsoever upon which to rest the conviction. See Means v. Commonwealth, 238 Ky. 366, 38 S.W.2d 193; Crouch v. Commonwealth, 201 Ky. 460, 257 S.W. 20. It follows Bryant's conviction does not meet the requirements of Section 241 of the Criminal Code of Practice and the lower court committed a reversible error when it refused to instruct the jury to find for Bryant at the conclusion of the Commonwealth's evidence. As this cause must be remanded for a new trial, we believe we should point out an error in "Instruction No. 1.

  4. Cook v. Commonwealth

    273 S.W.2d 390 (Ky. Ct. App. 1954)   Cited 6 times
    In Cook v. Commonwealth, Ky., 273 S.W.2d 390, 392, this Court commenting on that section used these words: " 'Corroboration of an accomplice' requires evidence other than, and independent of, the testimony of the accomplice, which tends to establish the existence of some fact which actually connects the accused with the commission of the offense charged in the indictment, and unless there is other evidence of that character in addition to the testimony of the accomplice, then there is no corroboration and the defendant is entitled to a peremptory instruction."

    Baker v. Commonwealth, 212 Ky. 50, 278 S.W. 163. The test for determining whether one is an accomplice is to weigh the evidence showing participation in or connection with the offense and to determine from such evidence whether such person could be convicted either as a principal or as an aider and abettor. Means v. Commonwealth, 238 Ky. 366, 38 S.W.2d 193; Crouch v. Commonwealth, 201 Ky. 460, 257 S.W. 20. We believe the evidence of Ragles makes him an accomplice within the meaning of the principles we have recited, and, having reached this conclusion, we are of the opinion that the requirements of the Code section Cook relies upon were not met. Ragles sought out and joined in with acquaintances who, according to him, perpetrated the offense.

  5. Fyffe v. Commonwealth

    301 Ky. 165 (Ky. Ct. App. 1945)   Cited 18 times

    While motive is an important factual element in a prosecution for crime, obviously it is not sufficient in itself to convict anyone. Denham v. Commonwealth, supra; Means v. Commonwealth, 238 Ky. 366, 38 S.W.2d 193; Gilpin v. Commonwealth, 297 Ky. 67, 178 S.W.2d 964. It may be observed on this point that it was to the financial interest of the decedent's brothers, and perhaps of the insurance companies, that the defendant be convicted. The record shows that insurance company investigators and attorneys were active and the decedent's brothers were energetic in employing detectives and lawyers. It appears that before this trial the administrator of Miss Mason's estate had filed a suit to recover the insurance benefits and that the defendant had intervened also seeking to collect the money.

  6. Kitchens v. Commonwealth

    132 S.W.2d 327 (Ky. Ct. App. 1939)   Cited 1 times
    In Kitchens v. Commonwealth, 279 Ky. 785 [ 132 S.W.2d 327], the corroborating evidence offered was the statement by an eyewitness that a car seen at the scene of the crime was of the same general description as one owned by defendant.

    It was held that this evidence was insufficient to connect the accused with the offense. Compare, Means v. Commonwealth, 238 Ky. 366, 38 S.W.2d 193; Mauk et al. v. Commonwealth, 268 Ky. 237, 104 S.W.2d 955. We find that the rule of our jurisdiction in respect to corroboration of the evidence of accomplices, is in harmony with the general rule of most, if not all, of the states of the Union.

  7. Gossett v. Commonwealth

    118 S.W.2d 764 (Ky. Ct. App. 1938)   Cited 1 times

    "In all cases where, by law, two witnesses, or one witness with corroborating circumstances, are requisite, to warrant a conviction, if the requisition be not fulfilled, the court shall instruct the jury to render a verdict of acquittal, by which instruction they are bound." Counsel for appellant cite Means v. Commonwealth, 238 Ky. 366, 38 S.W.2d 193 and other cases decided by this court prior to the rendition of the opinion in Williams v. Commonwealth, 257 Ky. 175, 77 S.W.2d 609, respecting the character of evidence necessary to corroborate that of an accomplice under section 241. In Williams v. Commonwealth, supra, there is an exhaustive citation and discussion of the authorities with respect to the evidence of an accomplice and the purposes for which sections 241 and 242 of the Criminal Code of Practice were enacted.

  8. Commonwealth v. Compton

    82 S.W.2d 813 (Ky. Ct. App. 1935)   Cited 4 times

    A slight analysis of the testimony of those who were present at the night meeting, and confessedly acting under what they termed official orders, and those present on the morning of the 18th, is sufficient to lead to the conclusion that they were accomplices within the meaning of the law. In Means v. Com., 238 Ky. 366, 367, 38 S.W.2d 193, this court said: "The test for determining whether one is an accomplice is to weigh the evidence showing his participation in or connection with the offense, and to determine from such evidence whether he could be convicted as either a principal or as an aider or abettor. Duke v. Com., 201 Ky. 365, 256 S.W. 725; Crouch v. Com., 201 Ky. 460, 257 S.W. 20."

  9. Walker v. Commonwealth

    78 S.W.2d 754 (Ky. Ct. App. 1935)   Cited 6 times

    From the foregoing it will be seen that the evidence of the witness Combs is corroborated by direct evidence in practically every material detail, except as to the presence of appellant at the scene of the crime and his actual participation therein and as to the joint ownership and operation of the still by the three defendants in the indictment, and in the latter details he is corroborated by strong circumstantial evidence. Counsel for appellant in argument that the evidence of the accomplice is not sufficiently corroborated relied on Means v. Commonwealth, 238 Ky. 366, 38. S.W.2d 193, Runyon v. Commonwealth, 218 Ky. 583, 291 S.W. 742 and a number of cases holding in effect that, in measuring the sufficiency of the corroborating evidence, the evidence of the accomplice should be eliminated and it should then be determined whether the remaining evidence is sufficient to connect the accused with the crime, and that the corroborating evidence is not sufficient unless it extends to every fact necessary to establish the fact that the offense charged was committed by the accused. In the case of Williams v. Commonwealth, 257 Ky. 175, 77 S.W.2d 709, decided November 9, 1934, there is an exhaustive history of the rule respecting the evidence of an accomplice and the purpose for which sections 241 and 242 of the Criminal Code of Practice respecting such evidence was enacted.

  10. Short v. Commonwealth

    251 Ky. 819 (Ky. Ct. App. 1933)   Cited 5 times

    Slone v. Commonwealth, 236 Ky. 299, 33 S.W.2d 8. Even if the statements of Short be admitted as having been made by him and that they show motive to burn Foutz's barn, mere motive alone is not sufficient to warrant a conviction. Means v. Commonwealth, 238 Ky. 366, 38 S.W.2d 193. The evidence is insufficient to authorize or sustain the conviction of Short. Without proof that Foutz's barn was intentionally set on fire and that Short committed or participated in the commission of the act, it was neither in law nor in fact committed by him. Notwithstanding the evidence of motive and of his bad reputation for morals, he has not been proven guilty of the crime charged and should not be punished. It is axiomatic that to sustain a criminal charge, the evidence must show the crime was committed and it was committed by the accused.