Matthews v. Commonwealth

PALMORE, Judge.

John J. Matthews and Robert B. Schof-ner appeal from a judgment sentencing them to three (3) years in the penitentiary pursuant to a jury verdict finding them guilty of grand larceny. KRS 433.220.

We are of the opinion that the evidence was not sufficient to justify submission of the case to the jury and that the appellants were entitled to a favorable ruling on their motion for a directed verdict. It is not necessary to consider the other grounds on which they rely for a reversal.

There was no evidence for the defense. The principal witness for the Commonwealth was a Mrs. Hale,…