Mays v. Commonwealth

Opinion of the Court by

Chief Justice Clay—

Reversing.

Jack Mays and Thurmond McIntosh appeal from a ■one-year sentence for horse stealing.

Failure to give a peremptory instruction is the first ground urged for a reversal. The evidence for the commonwealth is as follows: On March 3, 1936, Albert Brandenburg rode his horse into Booneville and hitched it at a livery stable there. Returning that afternoon, he found his horse gone. Accompanied by Terry Mainous, ■deputy sheriff, and James Harvey, city marshal, and another person, he set out to locate his horse. At a point about a mile and a half from…