dissenting.
I must respectfully dissent from that portion of the majority opinion which reverses the conviction for unlawful taking.
I believe it is time for this Court to reexamine the decision in Nichols v. Commonwealth, 78 Ky. 180 (1879). Larceny is both an offense against the public and the individuals who suffer the loss of their property. It is long overdue that this Court carefully review the ancient case defining the degree of punishment for the theft of 21 chickens and 7 geese more than 104 years ago which is the legal foundation of this reversal. Less than 4 years ago, this Court determined that separate convictions on separate counts for robbery of a hotel and robbery of the employees was proper. Douglas v. Commonwealth, Ky., 586 S.W.2d 16 (1979). I believe the decision in Douglas, supra, should be extended to the larceny or unlawful taking aspect of the criminal code. There can be little doubt that the net profit from criminal activity is much greater in the field of unlawful taking and larceny than it is in robbery because the risks are fewer and the punishment is not as severe. That situation can be addressed by this Court as well as the legislature.