Moore v. Commonwealth

Opinion of the Court by

Chief Justice Clay—■

Reversing.

■ Arnold Moore appeals from a two-year sentence for chicken stealing.

The only question we need consider is whether the evidence of appellant’s guilt was sufficient to take the case to the jury.

Appellant was indicted jointly with Bill Fugate and Lloyd Barnes. According to the evidence for the. commonwealth, some chickens were stolen from A. B. Utley, who lives in Providence, on the night of December 19, 1934. The next day the chickens were found on the premises of Bill Fugate and recovered by a search warrant. Mrs. Ural Utley, sister-in-law…