Hudson and Engle v. Commonwealth

Opinion of the Court by

Judge Thomas

Reversing.

The appellants, Grrady Hudson and James Engle, were convicted in the Harlan circuit court upon their trial under an indictment therein accusing them of the crime of feloniously breaking into a garage, the property of another, and stealing therefrom property of value, an offense denounced by section 1164 of the present Kentucky Statutes, and their punishment was .fixed by the verdict at confinement in the penitentiary for one year -each. Their joint motion for a new trial was-overruled, and they have appealed.

The indictment was returned on August…