McFarland v. Commonwealth

Opinion.ok the Court by

Judge Rees

— Affirming.

Appellant was indicted in the Harlan circuit court, under' section 1164, Kentucky Statutes, for unlawfully and feloniously breaking and entering into a storehouse with intent to steal therefrom articles of value. Upon his trial he was convicted, and his punishment fixed at confinement in the penitentiary for a period of two years. He now insists that he should have been granted a new trial by the lower court, and that the judgment of conviction should be reversed by this court upon the following grounds: (1) That the trial court erred in refusing…