Unseld v. Commonwealth

Opinion op the Court bt

Judge O’Bear

Affirming.

Appellants were convicted under an indictment charging housebreaking.

Section 1162, Ky. Stats., provides in part: “If any person * * * shall feloniously break into any dwelling house or any part thereof, or any out house belonging to or used with a dwelling house, and feloniously take away any thing of value, although the owner or any person may not he there, he shall be confined in the penitentiary for not less than two nor more than ten years.”

In this case the house alleged to have been broken into was a meat house. It was situated in the yard in…