Duncan v. Commonwealth

Indicted for grand larceny of automobile tires, wheels and floor mats, defendant Allen Wesley Duncan was found guilty of petty larceny in a bench trial and sentenced to a jail term and a fine. The sole issue presented in his appeal from the November 1976 judgment of conviction is whether the evidence was sufficient to establish the guilt of the accused. We conclude that it was not and reverse.

The Commonwealth’s evidence, presented during a joint trial of defendant and one Micky Wallace Snyder, showed that on April 6, 1976 at Shawsville in Montgomery County, Snyder and defendant were seen…