Ockerman v. Commonwealth

Opinion op the Court by

Judge Miller

Affirming.

The appellant, Herman Ockerman, was jointly in-dieted with Ed Bradley for robbery. . They were given separate trials and each was found guilty. Ockerman appeals and asks a reversal upon two grounds. He insists, (1) that his motion for a peremptory instruction directing the jury to find him not guilty, should have been sustained; and (2) that the verdict is not sustained by the evidence.

The prosecuting witness, Taylor Arnold, testified that while he was riding in his buggy on the public highway, *754near Moorefield, between 10 and 11 o’clock on Sunday…