Reed v. Commonwealth

Opinion op the Court by

Judge Dietzman

Reversing.

Appellant was convicted of the crime of grand larceny, sentenced to serve five years in the penitentiary, and appeals. As grounds for reversal, appellant contends, first, that he was entitled to an instruction on petit larceny, and, secondly, that the court erred in admitting certain testimony over his objection.

The crime for which appellant was convicted consisted of the theft of two automobile tires. The evidence shows that the tires which it is claimed appellant stole were balloon tires, size 33-600, and cost when newly bought from…