Murphy v. Commonwealth

MILLIKEN,’ Judge.

Appellant, Leroy Murphy, Jr., and ■ his brother, Adam Murphy, were indicted jointly in the Johnson Circuit Court for operating a motor vehicle without consent of the owner, KRS 433.220. The statute provides that “any person who unlawfully takes, drives or operates a vehicle without the knowledge and consent of the' owner” shall be confined in the penitentiary for not less than one nor more than five years. At a separate trial appellant was convicted and sentenced to two years in the penitentiary.

The evidence reveals that on Saturday evening, December 12, 1953, at, about 9…