Kinder v. Commonwealth

MONTGOMERY, Judge.

Don Kinder, the appellant, and Hayes Kinder, his father, were jointly indicted for grand larceny of certain personal property of the value of $425 belonging to the Be-vander Coal Corporation. On a separate trial, appellant was convicted and sentenced to a year’s confinement in the state reformatory. He alleges as grounds for reversal of the judgment that: (1) Incompetent evidence was admitted; (2) the evidence was insufficient to sustain the verdict; and (3) the court failed to instruct the jury properly.

John C. Nicewander, vice president of the coal company, testified to…