Rice v. Commonwealth

SIMS, Chief Justice.

Appellant, Junior Rice, was convicted of storehouse breaking and his punishment was fixed at confinement in the penitentiary for one year. He assigns but one ground for reversal of the judgment, the court erred in instructing the jury.

The indictment charged Rice alone committed the crime. The proof showed several persons broke into the storehouse of Ajax Coal Company on the occasion in question and the court after instructing the jury they should convict Rice if they believed beyond a reasonable doubt that he broke into the storehouse, in a second instruction permitted the…