Williams v. Commonwealth

Judge Rees

Reversing.

John Williams was convicted of the crime of grand larceny, and his punishment fixed by the jury at confinement in the state reformatory for a term of two years. The court overruled the defendant’s motion for a new trial, but later entered a judgment reducing the sentence to one year in the state reformatory. Grounds urged for reversal of the judgment are: (1) Variance between the proof and the indictment; (2) failure of the trial court to give an instruction on petit larceny; and (3) insufficiency of the evidence.

The indictment charged that the accused in Floyd County on…