Smallwood v. Commonwealth

Opinion of the Court by

Yan Sant, Commissioner

Reversing.

Appellant was convicted of the crime of stealing chickens valued at more than $2 and sentenced to serve 2 years in the penitentiary.

His grounds for reversal are (1) the evidence was not sufficient to submit the case to the jury; (2) failure of the court to sustain the defendant’s objections to the introduction of incompetent testimony.

The first complaint is not, and cannot be argued with any degree of assurance. The chickens which the indictment charges to have been stolen*were allegedly owned by Mr. and Mrs. J. L. Poynter, both of whom…