Pardue v. Commonwealth

Opinion op the Court by

Judge Dietzman

— Reversing.

The appellant was tried for and convicted of the offense of grand larceny and sentenced to one year in the penitentiary. From the judgment he appeals.

The sole ground relied upon by appellant for reversal is that he was entitled to a peremptory instruction. A consideration of this ground necessitates a short resume of the evidence. The proof for the commonwealth established that in 1926 Hubert Starks was running- a little restaurant in Scottsville, Ky. One morning the appellant came into this restaurant, and while he was there another customer…