Little v. Commonwealth

Opinion oe the Court by

Judge Lassing

Reversing.

Lee Little was indicted in tbe Leslie circuit court for Kouse-breaking. He was tried, found 'guilty, and given *521an indeterminate sentence of from one to five years confinement in the penitentiary. To reverse that verdict and judgment, he prosecutes this appeal, and relies primarily upon the fact that the evidence failed to establish his guiit. _ _

_ _ It is not altogether clear whether the indictment is drawn under section 1162 or 1164 of the 'statutes, but the trial court was evidently of opinion that it was under section 1164, for the judgment…