Ballard v. Commonwealth

Opinion op the Court by

Chief Justice Clay

Affirming.

Harlan Ballard appeals from a judgment convicting him of chicken stealing, and fixing his punishment at two years’ imprisonment.

The grounds on which a reversal is asked are that the market value of the chickens was not properly proven, and that the court erred in not giving an instruction on petit larceny.

Attention is called to the fact that appellant had •only four of the chickens, and that the only evidence of market value was the following given by N. F. Bryant, the owner of the chickens:

“Q. What were they worth? A. When I started selling…