Francis v. Commonwealth

Morris, Commissioner

Affirming.

Appellant, along with Barney Lee and Tom Jones, was indicted on a charge of grand larceny, it being alleged that they stole 16 mine car wheels and several tons of steel rail, the property of Day and Stacy, operators of a truck mine in Leslie County. Following a motion for severance, the Commonwealth elected to try appellant; the jury returned a verdict of guilty, fixing the penalty at imprisonment for a period of two years.

There are presented only two grounds for reversal, one being that there was not sufficient evidence to warrant a submission to the jury, and…