Decker v. Commonwealth

Opinion of the Court by

Judge Siler

Affirming.

Obie Decker was convicted of the offense of receiving stolen property and was given one year in the penitentiary. He appeals.

The grounds upon which a reversal is now sought are: (1) Error of instruction, both as to content and as to method employed in its final drafting, and (2) improper conduct by the Commonwealth Attorney in his argument to the jury.

Evidence produced on the trial indicated that Decker, age 26, had made arrangements with two boys, ages 16 and 20, in the afternoon or evening immediately before Thanksgiving Day of 1945, to buy from…