McKenzie v. Commonwealth

Opinion of the Court by

Drury, Commissioner

Affirming.

Cue McKenzie and Jess McKenzie, whom we shall call the defendants, were convicted of housebreaking', and their punishment fixed at confinement in the penitentiary for two years each. In the indictment against them, we find this:

“The said defendants, Jess McKenzie, Cue McKenzie, in the county of Johnson, on the 7th day of September, A. D. 1925, and before the finding of this indictment, did unlawfully and willfully, feloniously, and in the nighttime, break and enter into the smokehouse, property of W. B. Rice, for the purpose of stealing…