Arrington v. Commonwealth

BIRD, Chief Justice.,

Mack Arrington was charged with storehouse breaking under KRS 433.190. He was convicted and his punishment was *581fixed at confinement in the penitentiary for a period of three years.' He appeals.

For reversal he first complains that the evidence was insufficient

It will be noted that one Robert Stoddard was indicted separately as a principal in this same crime. James Wimberly, a witness for the Commonwealth, testified that both Arrington and Stoddard were in an alley near the storehouse between 3:30 o’clock a. m. and 4:00 o’clock a. m., and before daylight, on the night of…