Montgomery v. Commonwealth

Morris, Commissioner

Affirming.

Appellant and Bobert Baldridge were jointly indicted for breaking and entering a storehouse, KBS 433.190. Appellant was tried at the June 1949 term of court, found guilty and his punishment fixed at one year’s imprisonment. Baldridge had been convicted at a former term. Appellant insists that he is entitled to a reversal of the judgment because, (1) the verdict is against the law and evidence; (2) the court erroneously refused to give a peremptory instruction on his motion, and lastly the court erred in the giving of instruction No. 1.

The warehouse was the…