Harvey v. Commonwealth

Opinion op the Court by

Chiep Justice Rees

— Affirming.

The grand jury of Montgomery county returned an indictment against Chester Harvey charging him with the crime of storehouse breaking. The indictment also charged previous convictions of two felonies. By the verdict of the jury his punishment was fixed at confinement in the penitentiary for life, and from the judgment entered on that verdict he prosecutes this appeal.

In the first count of the indictment it was charged that the accused on May 24, 1940, ‘ ‘ did unlawfully, wilfully, maliciously and feloniously, and with force and arms, break…