Fornash v. Commonwealth

DAVIS, Commissioner.

Carlos Franklin Fornash brings this appeal from a judgment convicting him of storehouse breaking, fixing his punishment at imprisonment for three years. KRS 433.190. As grounds for reversal he contends that (1) the court failed to. properly instruct the jury, and (2) the Commonwealth’s attorney asked an improper question concerning a prior conviction of the appellant.

The first charge of error relates to the appellant’s claim that the evidence reflected that he was too intoxicated at the time of the offense to have the animus furandi required for conviction. He contends…