Allen v. Commonwealth

Opinion op the Court by

Judge Carroll —

Affirming.

The appellant was indicted by the grand jury of Perry County for the crime of grand larceny, which is *328a felony, and upon his trial was found guilty and sentenced to imprisonment in the penitentiary for a term of years. He asks a reversal of the judgment upon the verdict, first, because the evidence was not sufficient to sustain a conviction for grand larceny, and, second, because the court orally instructed the jury.

In reference to the first ground, section 1194 of the Kentucky Statutes defining grand larceny, provides that:

“Persons guilty of…