Burns v. Commonwealth

Opinion of the Court by

Sims, Commissioner

Commissioner Affirming.

Virgil Burns and his brother, Robert, were jointly indicted for chicken stealing by the grand jury of the Laurel Circuit Court. Upon a separate trial Virgil was convicted and given one year in the penitentiary. In seeking to reverse the judgment he assigns but one error, that the evidence was not sufficient to take the case to the jury; or if so, the verdict is flagrantly against the evidence.

Jim Colé and wife resided from 300 to 500 yards from Virgil’s home and in sight thereof. The Coles had nine cickens and while at church on…