Commonwealth v. Metcalfe

Opinion of the Court by

Judge Hurt

Affirming decision granting a new trial and certifying law.

This is an appeal by the attorney for the Commonwealth of Kentucky, from a decision of the circuit court, granting a new trial to the appellee, Fred Metcalfe, who was convicted of the crime of grand larceny. The attorney for the Commonwealth has brought the case, here, by appeal, as provided by sections 335 and 337, of the Criminal Code, insisting, that it is important, to the correct and uniform administration of the criminal law, that this court should determine certain questions, which arose in the…