Booker v. Commonwealth

Van Sant, Commissioner

Affirming.

Two grounds are urged for reversal of the judgment convicting appellant of grand larceny and fixing his punishment at confinement in the penitentiary for a period of two years. The first is that the court erred in admitting in evidence the alleged confession of appellant. The second is that the court erred in not granting a new trial because of improper and inflammatory remarks made by the Commonwealth’s attorney in his argument of the case before the jury.

On the night of January 1, 1949, a smokehouse belonging to William A. Abney in Madison County was broken…