Tinsley v. Commonwealth

STEWART, Chief Justice.

Appellant, Elmer Tinsley, was jointly indicted with his brother, Gilbert Tinsley, for the offense of grand larceny. Gilbert Tinsley, upon a separate trial, was convicted of that crime and received two years in the penitentiary.' We affirmed the judgment on an appeal by him in Tinsley v. Commonwealth, Ky., 261 S.W.2d 11. Appellant was thereafter tried and convicted on the same charge and the punishment imposed by the jury was confinement in the state penitentiary for a period of one year.

Reversal of the judgment is sought: (1) Because of the failure to grant a change of…