Moore v. Commonwealth

Opinion op the Court by

Judge Dietzman

Reversing.

Appellant was convicted of the offense of grand larceny and sentenced to serve one year in the penitentiary.

We are of opinion that his motion for a peremptory instruction should have been sustained. The only evidence introduced was that of the commonwealth. It proved by Mr. J. S. Berry that in October, 1927, he bought a new Oldsmobile sedan; that in the early part of November, while it was parked on a street of Central City, it was -stolen by some one; that the next he saw it was when it was found in a ditch beside a road near G-reenville. When…