Moss v. Commonwealth

Opinion op the Court by

Judge Rees

— Affirming.

The appellant, Ray Moss, was tried and convicted under an indictment charging him with “the crime of feloniously breaking storehouse where gasoline was stored with intent to steal therefrom,” and his punishment was fixed at confinement in the penitentiary for a term of three years. The indictment was returned under section 1164 of the Statutes which reads:

“If any person shall feloniously, in the night or day, break any warehouse, storehouse, office, shop,, or room, in a steam, wharf, or other boat, whether such place be or be not a depository for…