Smith v. Commonwealth

Opinion of the Court by

Judge Rees

Reversing.

The grand jury of McCreary county returned an indictment against Jim Murphy, Lizzie Murphy, Boseta Cross, Mary Smith, Ceorge Smith, and Leon Smith charging them with the crime of grand larceny. In the descriptive part of the indictment it was charged that they took, stole, and carried away “one heifer of the value of $25 with the fraudulent intent to then and there convert same to their own use and thereby permanently deprive the owner thereof of his property therein.” It was also charged that the taking was against the will and without the consent…