Farley v. Commonwealth

Opinion of the Court by

Judge Turner

Affirming.

Appellant was indicted in the Monroe Circuit Court charged with the crime of 'breaking into a storehouse, under the provisions of Section 1164 Kentucky Statutes. Upon his trial he was found guilty and sentenced to imprisonment from one to five years, and he has appealed.

At Fountain Run in Monroe County, W. B. Downing was the owner and proprietor of a drug store. In Downing’s drug store the town marshal of the village maintains his office. On one night in June, 1914, the store was broken into and the marshal’s pistol, a flash-light belonging to…