Conrad v. Commonwealth

Opinion op the Court by

Van Sant, Commissioner

— Reversing.

Appellant was convicted of the crime of breaking a storehouse and taking money therefrom. The indictment charged that he and Dewey Lynch aided and abetted Paul Planery in the forceable breaking, entering and stealing from the storehouse of Prank Wilson. Planery pleaded guilty. Conrad and Lynch pleaded not guilty and were tried together. Although the evidence ag'ainst both defendants was identical and they were tried at the same time by the same jury, for some inexplicable reason the jury convicted Conrad and acquitted Lynch.

Appellant…