Short v. Commonwealth

Opinion op the Court by

Judge Richardson

Reversing.

Bill Short, Ed Benge, and Shafter Benge, were indicted by the grand jury of the Clay circuit court, charged with the crime of burning a barn, the property of J. C. Poutz'. On a separate trial Short was convicted and his punishment fixed at confinement in the State Penitentiary for a period of five years. He is here insisting that the court admitted incompetent evidence and erred in refusing to give to the jury an instruction directing his acquittal.

Considering the last question first, to dispose of it properly requires a review of the evidence.…