Fugate v. Commonwealth

Opinion of the Court by

Chief Justice Fulton

Affirming.

The appellant, 'Marcellas Fugate, was indicted jointly with his wife, Laura Fugate, his sister-in-law, Lottie Fugate, his son-in-law, Sherman Dobson, and Mack Williams on a charge of hog stealing. On a separate trial the appellant was convicted and sentenced to two years in the penitentiary. On this appeal it is contended 1) that incompetent evidence was admitted and 2) that when the incompetent evidence is eliminated the evidence was insufficient to justify a submission to the jury because there was no' evidence corroborating the testimony…