Smith v. Commonwealth

Opinion of the Court by

Judge Lassing

Affirming.

Jim Smith and Paris Graham were jointly indicted, tried, and convicted in the Fayette Circuit Court of the offense of obtaining money while pretending to act under civil authority and abetting such offense. From the judgment upon the verdict, the defendants appeal and seek a reversal because of error in the instructions and because of the failure of the court to give the whole law of the case.

The evidence for the Commonwealth shows that appellants approached George Toliver, an aged negro, on one of the streets of Lexington, and Jim Smith…