Cox v. Commonwealth

WADDILL, Commissioner.

Appellant was convicted of the crime of storehouse breaking and was sentenced to prison for two years. KRS 433.190. In seeking a reversal of the conviction it is urged that the court erred: (1) In failing to direct a verdict of acquittal; (2) in allowing the jury to consider incompetent evidence; and (3) in instructing the jury.

Appellant and James Case were jointly indicted. Case pleaded guilty. Upon appellant’s trial Case testified that when he arrived at Shay’s Tavern during the night of October 24, 1960, appellant was inside and motioned for him to come to the side…