Bowman v. Commonwealth

Opinion op the Court by

Morris, Commissioner—

Reversing.

Appellant, jointly indicted with. Robert Couch., Jr., and Willie Hash on a charge of storehouse breaking, was tried separately, found guilty and penalty fixed at one year’s imprisonment. On appeal it is contended that the judgment should be reversed because: (1) The court gave an erroneous instruction; (2) admitted incompetent evidence; (3) overruled a motion for a verdict of acquittal.

The offense charged was the breaking and entering of a variety store in Beattyville, and taking watches, clocks, rings and other articles to the claimed…