Kinder v. Commonwealth
Kentucky Court of Appeals
306 S.W.2d 265 (1957)
- Written by Sean Carroll, JD
Facts
Don Kinder (defendant) was charged with grand larceny of a radiator, among other personal property of a coal company. An employee of the coal company spotted the radiator in Kinder’s truck. Kinder’s nephew was in the truck at that time. The employee called the police, and the police arrested Kinder, although the radiator was no longer in the truck at that point. The police later found the radiator nearby. At trial, the prosecution (plaintiff) called a police officer as a witness. The prosecution asked the officer how the police had found the stolen radiator. The officer responded that after the arrest, Kinder’s nephew pointed out the location of the radiator, which had been stashed nearby. Kinder was convicted, and he appealed, arguing that the police officer’s testimony was inadmissible hearsay.
Rule of Law
Issue
Holding and Reasoning (Montgomery, J.)
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