Burton v. Commonwealth

PALMORE, Judge.

Appellants, Delbert Burton and Everett Ray Durham, appeal from a judgment of the Rockcastle Circuit Court sentencing them to two years in the penitentiary pursuant to a jury verdict finding them guilty of breaking into the dwelling house of one Eugene Thomas with intent to steal. KRS 433.180. Their sole contention is that the evidence was insufficient to support a conviction.

The residence of Thomas was located on a private lane or road leading off the Scaffle Cane Road about six miles south of the city of Berea. A neighbor, Bern Potter, lived on the same private lane between…