Benge v. Commonwealth

Opinion op the Court by

Judge 'Thomas

Reversing-

At a trial of an indictment in the Clay icircnit court accusing him, Bill Short, and Ed Benge of the crime of barn burning, the appellant and defendant below, Shatter Benge, was convicted and punished by confinement in the penitentiary' fior two years. On this appeal by him his counsel argues a number of grounds for reversal, among which are: (1) That the evidence is insufficient toi support the verdict and his motion for a peremptory acquittal should have been sustained; and (2) error in the instructions of the court — both of which we coneludei…