Aubrey v. Commonwealth

Opinion op the Court by

Judge Cammack—

Reversing.

Shellie Aubrey and Tom Mann were indicted for breaking into the clothing store of W. R. Bethel in Elizabethtown. Upon his separate trial Aubrey was sentenced to two years in prison. On this appeal he is urging there was not sufficient evidence to warrant the submission of the case to the jury. We think his position is well taken.

Mr. Bethel testified that his store was broken into and some $800 worth of clothing taken therefrom. The back door of the store was locked and was prized open with an iron crowbar some five feet in length. Curtis G-ibbs,…