Frazier v. Commonwealth

Opinion op the Court by

Turner, Commissioner

Affirming.

The appellant, Coy Mason, James Barker and Chester Clements were jointly indicted, charged with breaking into the storeroom or warehouse of the Owensboro Street Railway Company with the intention to steal therefrom articles of value. The indictment charged each of them as principal and each of them as an aider and abettor of the others.

The appellant was granted a separate trial, and upon such trial was found guilty and sentenced to the penitentiary for three years.

This appeal is prosecuted solely upon the ground that the only evidence of…