Pengleton v. Commonwealth

Opinion of the Court by

Chief Justice Fulton

Reversing.

The appellant, Kate Pengleton, was jointly indicted with Ralph Smith on a charge of stealing chickens of the value of $2 or more in violation of section 1201c of the Kentucky Statutes (now KRS 433.250). Smith pleaded guilty and was sentenced to. one year in the penitentiary. The appellant pleaded not guilty but was convicted and sentenced to one year in the 'penitentiary. It is contended that the evidence was insufficient to justify a submission to the jury and that a verdict of not guilty should have been directed.

The evidence for the…