Christian v. Commonwealth

CLAY, Commissioner.

Appellant was convicted of operating an automobile without the owner’s consent, and was sentenced to serve three years in the state reformatory. On this appeal he urges: (1) the evidence was insufficient to sustain the conviction, and (2)' he was entitled to an instruction covering his defense.

A new Studebaker car was stolen from Clarence Coleman. About 6:30 the next morning two members of the Fayette County Police Patrol found the car stopped on a highway near Lexington. Appellant, with four other boys, was attempting to push the car up a hill because it was out of…