Penix v. Commonwealth

Opinion op the Court by

Chief Justice Clay

Reversing.

Howard Penix appeals from a one-year sentence for chicken stealing.

The indictment is in the usual form and not subject to criticism.

The principal ground urged for reversal is that the evidence was insufficient either to take the case to the jury or to sustain the verdict. According to Alice Hutchison, she lived on North Eighth street, one block from Oak Street. She lost some chickens on October 15, 1935. They were taken from her hen house, and consisted of three Domineckers, one white hen, one Rhode Island red, and one rooster, six in all.…