Fleming v. Commonwealth

Opinion by

Judge Lewis:

Geo. H. Ward is the only witness who testified on the trial of appellant to the fact of the commission of the offense for which he and Clark were jointly indicted. He stated that during the day preceding the night when the storehouse of C. H. Scott was broken into he saw appellant and Clark in the town of Olive Hill, where the storehouse is situated, and talked with them in regard to breaking open the store and was in company with them when it was broken and entered; that he stood at the corner of the storehouse while *333appellant cut the window, but did not go in,…