Bruce & Russell v. Commonwealth

Opinion of the Court by

Judge Thomas

Reversing.

Upon their joint trial in the Harlan Circuit Court under an indictment accusing them of grand larceny (stealing cigarettes from the depot at Baxter, Ky.) the appellants, Wheeler Bruce and James Buss'ell, were convicted and their punishment fixed at confinement in the -state penitentiary for a period -of two years each. Their joint motipn for a new trial was overruled and they -have appealed. The chief ground relied on for a reversal of the judgment pronounced upon the verdict of the jury is error of the court in not sustaining defendants’ motion…