Hamm v. Commonwealth

Opinion of the Court by

Chief Justice Ratliff

Affirming.

The appellant was convicted in the Fayette circuit court on a charge of grand larceny ('theft of an automobile) and his punishment fixed at 5 years in the penitentiary.

A reversal of the judgment is asked upon two grounds: (1) That the evidence is insufficient to sustain a conviction and the court erred in failing to sustain appellant’s motion to instruct the jury to find him not guilty, and (2) the evidence is at variance with the allegations of the'indictment relating to the ownership and description of the stolen automobile. We will…