Barnes v. Commonwealth

Opinion op the Court by

Judge Logan

Affirming.

Appellant-was convicted of grand larceny in the Montgomery circuit court. His punishment was fixed at confinement in the penitentiary for one year. The-first ground relied on for a reversal is that the court should have sustained a peremptory instruction directing the jury to find for him. The facts are simple and were presented to the jury clearly and concisely. James M. Bigstaff was the owner of a large farm on the Winchester Pike not far from Mt. Sterling. This farm was inclosed by a wire fence and there was a gate opening onto the Prewitt Pike.…