Embrey v. Commonwealth

STANLEY, Commissioner.

The appeal is from a judgment of conviction of storehouse breaking with a penalty of five years imprisonment.

The appellant labors under the misconception he was charged with and convicted of grand larceny. He argues the indictment was bad because it does not charge that the goods were taken or carried away without the consent of the owner or against his will. He also argues he should have had a directed verdict of acquittal because the evidence did not prove that element of the crime. The indictment clearly charges Shelby Embrey, the appellant, Chesley Booth and Royce…