Trotter v. Commonwealth

Opinion op the Court by

Judge Turner.

Reversing.

Appellant was indicted in the Campbell circuit court charged with horse stealing, and upon his trial was convicted and sentenced to the penitentiary for not less than two nor more than three years, and from this judgment he has appealed.

The evidence shows that the prosecuting witness, Mc-Kenney, in September, 1915, was the owner of a small fruit store in Ft. Thomas, Kentucky, and a horse, wagon and harness which he used in that business; that on the 13th day of September he entered into a contract of sale with one Moore by which Moore was to pay…