Evans v. Commonwealth

Opinion op the Court by

Judge Thomas

Affirming.

Appellant, Estill Evans, to whom we shall hereinafter refer as “defendant,” was convicted at his separate trial in the Grant circuit court of one of the offenses denounced in section 1164 of Baldwin’s 1936 Edition of Carroll’s Kentucky Statutes (section 433.190, KRS), with an attached punishment of three years ’ confinement in the state penitentiary. The particular offense charged in the indictment was and is the unlawful, wilful and felonious breaking into the storehouse of Claude Angle, with the felonious intent to take, steal, or carry away…