White v. Commonwealth

Opinion of the Court by

Judge Thomas —

Reversing.

The grand jury of Perry county indicted the appellant, Allison White, in which he was accused of mule stealing, the punishment for which is fixed in section 1195 of the 1930- Edition of Carroll’s Kentucky Statutes, which reads: “If any person shall steal a horse, mule, jack or jennet, he shall be confined in the penitentiary not less than two nor more than ten years.” At his trial thereunder, appellant was convicted, and punished 'by confinement in the penitentiary for two years, the minimum provided by the' statute. The brief for appellant is…