Williams v. Commonwealth

Morris, Commissioner

Beversing.

Appellant was convicted on a charge of grand larceny alleged to have been committed by stealing three cows belonging to Prentice Smith. The penalty was fixed at confinement in the penitentiary for a period of three years, and from a judgment in accord with the jury’s verdict appeal is presented. While motion for new trial embraced five or more grounds in support, only two are urged here.(1) The court allowed incompetent and prejudicial evidence to go to the jury over defendant’s objection; (2) The evidence was not sufficient to take the case to the jury or to…