Keathley v. Commonwealth

WADDILL, Commissioner.

The appellant, Jack Keathley, was convicted of storehouse breaking, an offense denounced by KRS 433.190, and was sentenced to 2 years in prison. Two grounds are urged for reversal: (1) The verdict is flagrantly against the evidence; and (2) erroneous instructions.

In. support of appellant’s first contention it is insisted that the identity of appellant as one of the , perpetrators of the crime was not established. On this point, John Tanner, manager of the Emperor Coal Company’s Store at Freeburn, testified that at approximately 5:00 o’clock on the morning of December 2,…