Cook v. Commonwealth

Opinion op the Court by

Judge Cammaok

Reversing.

The appellant, J. H. Cook, is appealing from a judgment on a verdict finding kirn guilty of the crime of breaking and entering into the office of the county court clerk of Ballard county, with intent to take, steal and carry away articles of value, and fixing his punishment at two years in the state penitentiary. He sets forth several grounds upon which he urges reversal, one of which is that the first instruction given by the court was prejudicially erroneous because the instruction was given under Section 1162 of the Statutes, whereas, the…