Fleming v. Commonwealth

CLAY, Commissioner.

Appellant was convicted of grand larceny (stealing copper wire) under KRS 433.220 and sentenced to three years in the state penitentiary. On appeal he raises two questions for consideration.

At the trial the Commonwealth relied on the presumption of guilt created by virtue of appellant’s proven possession of the stolen property. See Chaney v. Commonwealth, Ky., 307 S.W.2d 770.

Appellant’s evidence consisted of his own testimony and that of five corroborating witnesses. He testified that one afternoon he took a load of coal to the home of Raymond and Louise Davis in McRoberts…