Maloney v. Commonwealth

Opinion op the 'Court by

Morris, Commissioner

Reversing.

Appellants were jointly indicted, tried, and convicted for stealing chickens of the value of more than $2, the property of another. Ky. Stats., sec. 1201c. The jury fixed punishments at two years in the penitentiary. They appeal.

On the trial Mary Maloney, the mother of Pat, testified that some time in March, 1936, she lost eight chickens, and on the morning after the loss she went to the store of Arthur Chaney, identified the chickens, paid the merchant $3.28, which he had paid Pat for the chickens, and took them home with her. She…