Phelps v. Commonwealth

Opinion op the Court by

Judge Richardson

Affirming.

Engene McFarland, Ted Phelps, and Gus Phelps were indicted by the grand jury of Whitley county, charged with the crime of grand larceny committed by taking, stealing, and carrying away an Oakland automobile of greater value than $20, the personal property of Edward Lay, without his knowledge and consent, with the fraudulent intent to convert it to their own use and to deprive permanently the owner thereof. McFarland, on a plea of guilty, was found guilty by the jury and his punishment fixed at confinement in the state reformatory for a period…