Jones v. Commonwealth

Opinion of the Court by

Judge Cammack

— Reversing.

Apparently without objection, O. C. Jones was tried under an indictment' charging him with grand larceny and knowingly receiving stolen property. He was found guilty and his punishment fixed at three years in the pen itentiary. It is conceded that the evidence was sufficient to sustain a conviction on either count. Jones is urging that the judgment be reversed because the court erroneously instructed the jury.

The instruction to which complaint is first directed follows:

“III. If you shall believe from the evidence, beyond a reasonable doubt, that…