Eubank v. Commonwealth

Opinion of the Court by

Drury, Commissioner

Affirming.

The appellant was found guilty of conspiracy to commit a felony, and Ms punishment fixed at two and one-half years’ confinement in the penitentiary. On February 20, 1924, appellant hauled a truck load of tobacco from Montgomery county to Lexington, where he delivered it to the warehouse. The next day he hauled a second load which was delivered to the same warehouse. These two loads of tobacco when sold, brought $655.02. With the appellant at the time of the sale was a young negro man named Stafford Huts ell, who says he owned the tobacco,…