Evans v. Commonwealth.

Opinion of the Court by

Creal, Commissioner—

Affirming.

Bugger Jim Evans and Raymond Dennis were jointly indicted for breaking and entering the storehouse of George Tanner at Barlow in Ballard county with intent to steal therefrom. On separate trial, Evans was found guilty and his punishment fixed at imprisonment for one year.

He has appealed, relying on the following grounds for reversal of the lower court’s judgment: (1) Admission of incompetent evidence; (2) that the verdict is flagrantly against the evidence; (3) that the commonwealth’s attorney in his closing argument made improper and…