Wooten v. Commonwealth

Opinion of the Court by

Judge Thomas —

Affirming.

The storeroom of the Durham Grocery Company in Columbia, Ky., in which it conducted a general merchandise business, was broken into about midnight on September 23, 1931, and goods and merchandise were taken therefrom, consisting mostly of cigarettes, of the value of $225. Later the appellant, Robert Wooten, was indicted and' accused of committing that offense, and on his trial, following the indictment returned against him, he was convicted and punished by confinement in the penitentiary for a period of five years. His motion for a new trial was…