Smith v. Commonwealth

Opinion op the Court by

Chiep Justice Clay

Reversing.

Greeley Smith, Mack Charles, Sonny Trent, and Thomas Bevins, who were jointly indicted for chicken stealing, were tried and convicted, and their punishment fixed at two years ’ imprisonment. Greeley Smith alone appeals.

The evidence is as follows: Phil Ratliff lived on Pinson fork of Pond creek, and worked at night in the mines of the Octavia Coal Company. Returning from his work early one morning during the last of July, or the first part of August, 1933, he noticed a light in the home of Thurston Bevins, and saw three men moving about in the…