Drake v. Commonwealth

Opinion op the Court by

Morris, Commissioner

Reversing.

Indicted for the offense of stealing chickens of the value of more than $2 (section 1201c, Ky. Stats. 1930), appellants were' convicted and sentenced to serve two years in the penitentiary. Motion for a new trial was overruled, and they appeal.

"While sundry grounds were set out in support of their motion for a new trial, on brief here it is insisted that the court below committed prejudicial error in overruling their joint motion for a peremptory instruction made at the close of the commonwealth’s evidence and again at the close of the case.