.210 Return of property stolen if accused does not appear.
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431.210 Return of property stolen if accused does not appear.
If any person indicted for stealing property, or for having stolen property in his
possession, breaks jail, forfeits his recognizance, or otherwise fails to appear for trial at
the proper time, the person claiming the property may make a motion in the court in
which the indictment is pending for the return of the property to him. The claim shall be
supported by the affidavit of the person claiming the property. The motion shall be
continued for thirty (30) days before final action is taken. A notice of the motion, served
upon the attorney for the Commonwealth, shall be taken as a notice served upon the
person named in the indictment, and shall give the court jurisdiction of the matter. The
attorney for the Commonwealth shall defend the motion. A jury shall try the facts, and if
it finds in its verdict that the claimant is entitled to the possession of the property, the
court shall enter judgment accordingly. The court may enforce the judgment by rule,
attachment and imprisonment as in cases of contempt. The costs of the proceedings shall
be paid by the claimant, for which he may have judgment and execution against the
person stealing the property.
Effective: January 2, 1978
History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 440, effective January
2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. secs. 1133, 1134.