Lowery v. Commonwealth

Opinion of the Court by

Judge Clarke

Affirming.

The appellant, Eobert Lowery, and another were charged jointly by indictment with the crime of feloniously breaking into a store bouse with intent to steal, which is a crime denounced by section 1164, Ky. Statutes.

Appellánt upon a separate trial was convicted and bis punishment fixed at confinement in the penitentiary for five years. For reversal of that judgment he urges- that the court erred (1) in overruling his motion for a directed verdict; (2) in refusing to exclude the evidence of all of the Commonwealth’s witnesses; (3) in failing to…