Hatton v. Commonwealth

CLAY, Commissioner.

Appellant was convicted of storehouse breaking and his punishment fixed at two years in the penitentiary. The sole ground for reversal here presented is that the Commonwealth’s proof was insufficient to warrant submission of the case to the jury.

Appellant did not move for a directed verdict or a peremptory instruction, nor did he move for a new trial. Since he failed to raise the question of the sufficiency of the evidence in the trial court, this claim of error is not properly before us on appeal. Hart v. Commonwealth, Ky., 296 S.W.2d 212.

In civil cases, a party waives the…