Allen v. Commonwealth

Opinion of the Court by

Chief Justice Dietzman

—Reversing.

The appellants were indicted for the offense of robbery and sentenced to serve two years in the penitentiary. To reverse the judgment against them, they first insist that the verdict is flagrantly against the evidence. To dispose of this contention requires a resume of the evidence.

For the commonwealth, Coet Conley testified that one Friday morning (the date not being given in the narrative bill of exceptions, although it is clear that it was before the finding of the indictment) about 10 o’clock he and Callie Napier, Frankie Napier, and…