Gibbs v. Commonwealth

Chiep Justice Sims

Affirming.

Jesse Gibbs, Bob Gibbs and Hugh Hoskins were convicted of grand larceny and the punishment of each was fixed at confinement in the penitentiary for one year. Hoskins is not appealing. In their motion and grounds for a new trial the two Gibbs boys aver the court erred: 1. In admitting incompetent evidence and in excluding competent evidence over their objections; 2. in instructing the jury; 3. the verdict is flagrantly against the evidence.

The attorney representing accused on this appeal is not the one who represented them in the trial court. After conviction, the…