Shumate v. Commonwealth

EDWARD P. HILL, Judge.

The appeal is from a verdict of guilty and judgment thereon sentencing the appellants to five years each in the state penitentiary on a charge of storehouse breaking under KRS 433.190.

Appellants urge upon us four grounds for reversing the judgment: (1) improper and incompetent evidence was admitted; (2) the trial court erroneously overruled their motion for peremptory instruction; (3) instructions were erroneous; (4) the commonwealth’s attorney made improper and prejudicial remarks to the jury.

The evidence disclosed the following facts. On April 23, 1967, at about 4…