Fugate v. Commonwealth

Opinion of the Court by

Judge Latimer

Reversing.

Appellant, Florence Fugate, was jointly indicted with. Travis Statton for the crime of grand larceny. Upon her separate trial she was found guilty and her punishment fixed at 1 year in the penitentiary. She appeals seeking reversal on: (1) Error of the court in overruling appellant’s motion for a directed verdict, (a) because the appellant was the wife of Damond Fugate, the prosecuting witness, at the time she is alleged to have committed the offense of grand larceny, and (b) the evidence was not sufficient to authorize submission of the case to…