LINDSEY v. COMMONWEALTH


383 S.W.2d 333 (1964)

Marshall LINDSEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 16, 1964.


Attorney(s) appearing for the Case

Louis V. Mangrum, Mayfield, for appellant.

Robert Matthews, Atty. Gen., Martin Glazer, Asst. Atty. Gen., L. M. Tipton Reed, Mayfield, for appellee.


PALMORE, Judge.

In his trial on a charge of feloniously receiving stolen property (KRS 433.290) the appellant, Marshall Lindsey, took the witness stand in his own defense and testified that it was he who had stolen the property. The Commonwealth responded 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...

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