Christian v. Commonwealth

STANLEY, Commissioner.

The appellant, Howard Christian, has been again convicted of the crime of operating an automobile without the owner’s consent. His punishment was fixed at one year’s imprisonment. A former conviction was set aside because of the omission of an instruction submitting his defense that he was only a passenger in the car. Christian v. Commonwealth, 314 Ky. 365, 235 S.W.2d 774. The evidence is recited in that opinion.

Th indictment charges Christian and four others, namely, Moore, Flowers, Laws and Davis, as principals. Raymond Lane testified for the Commonwealth that he had…