Nelson v. Commonwealth

Opinion op the Court by

Judge Rees

— Reversing.

Charlie Nelson was convicted of the crime of chicken stealing, and sentenced to a term of one year in the penitentiary. It is argued in his behalf that the verdict, is not sustained by the evidence, and that instruction. No. 1 is prejudicially erroneous.

The evidence showed that Frank Beaty, a resident, of Pulaski county, lost five chickens in April, 1935. On the day after their disappearance they were located at. the home of appellant’s father, who resided in the same neighborhood. Appellant testified that he purchased the-chickens from a man named…