Wallace v. Commonwealth

OpinioN op the Court by

Judge Hannah

Reversing.

Richard Wallace was convicted under an indictment charging him with the statutory offense of housebreaking.

He appeals, contending that the offense charged in the indictment was not sufficiently proven, and that the court erred in instructing the jury.

1. In instructing the jury the court authorized a conviction without requiring proof of the execution of the felonious intent to steal, by the actual stealing and carrying away of property of value from the dwelling house in question.

*86It was held in Drake v. Commonwealth, 31 R., 1286, 104 S. W., 1000,…