Sale v. Commonwealth

Opinion op the Court by

Morris, Commissioner

Reversing and remanding.

Appellant was convicted of the offense denounced by KRS 433.250(4), stealing chickens of the value of $2 or more. In brief for appellant it is only contended that the indictment failed to contain the charge that the stealing was against the will or without the consent of the owner, and that the instruction failed likewise to incorporate the words.. Reversal is asked on this ground alone.

In Hudspeth v. Com., 195 Ky. 4, 241 S. W. 71, we held that an act to constitute larceny must be against the will or without the consent of the…