(Download) "Couch v. Commonwealth" by Court Of Appeals Of Kentucky # Book PDF Kindle ePub Free
eBook details
- Title: Couch v. Commonwealth
- Author : Court Of Appeals Of Kentucky
- Release Date : January 20, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
SIMS, Chief Justice. Doyle Couch was convicted of feloniously carrying concealed upon his person a deadly weapon -- a pistol -- and his punishment was fixed at confinement in the penitentiary for two years. He urges two grounds for reversal: (a) The Commonwealth failed to prove the pistol he was carrying was a deadly weapon; (b) two of the jurors were related to two of the prosecuting witnesses. The Commonwealth proved appellant had concealed in the left pocket of his trousers a .38 caliber pistol and it could not be seen until he pulled it from his pocket when he requested a police officer not to take to jail two boys who were fighting. Appellant admitted having the pistol in his hand but denied it was concealed in his pocket, and testified he picked it up from the seat of his parked car where it was in plain view. It is conceded there was an issue for the jury as to whether or not he had the pistol concealed, but appellant insists the Commonwealth failed to prove it was a deadly weapon when it did not show the pistol was complete with trigger, cylinder, etc., and in condition to fire, citing Jarvis v. Commonwealth, 306 Ky. 190, 206 S.W.2d 831, and Bowman v. Commonwealth, 309 Ky. 414, 217 S.W.2d 967.
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