Alley v. Commonwealth

Opinion op the Court by

Judge Dietzman

Affirming.

Charged with the crime of incest, appellant was found guilty, and sentenced to serve two years in the penitentiary. From the judgment, he appeals.

He relies upon three grounds for reversal: First, he was entitled to a peremptory instruction; secondly, the verdict is flagrantly against the evidence; thirdly, the admission of incompetent evidence.

For the commonwealth, Sherman Crumb testified that some time before the finding of the indictment herein, he not being specific as to the exact time, he saw the appellant and his daughter Sula in the field…