Tinsley v. Commonwealth

COMBS, Justice.

The opinion on the first appeal of this case is reported in 312 Ky. 745, 229 S.W.2d 761, 762. On a second trial the defendant *12again was convicted,of the theft of certain lambs and received the same sentence of two years in the penitentiary.

We held on the first appeal that the Commonwealth Attorney had made prejudicial remarks to the jury in regard to an affidavit of the defendant, permitted by the court to be read to- the jury, as to what the witness Sam Ford would testify if he were present. On the second trial the court excluded the affidavit. The defendant contends it was…