Elliott v. Commonwealth

This write of error is to a judgment convicting the accused, John Elliott, of house-breaking.

It appears that on the night of October 21, 1937, a certain store house, or meat house of A. P. Osborne was broken into and a number of hams valued at $150 were stolen therefrom. There was a trial by a jury and the punishment of the accused was fixed at three years confinement in the State penitentiary. Relying upon his plea of not guilty, supported *597by the presumption of innocence until his guilt was proven beyond a reasonable doubt, the accused did not testify in the case.

It is conceded that the…