Smith v. Commonwealth

Opinion op the Court by

Judge Logan

Affirming.

This is the second appeal of this case. The former opinion is reported in 232 Ky. 52, 22 S. W. (2d) 418. The facts are sufficiently well stated there. On the second trial there was a conviction, and the punishment of appellant was fixed at eight years in the penitentiary.

The first complaint made by appellant is about the admission of evidence. The objections to the evidence in some instances were timely, although the court overruled them, but the evidence was of a trivial nature and not such as to justify the reversal of the judgment because of the…