Hobbs v. Commonwealth

Opinion op the Court by

William Rogers Clay,

Commissioner — Reversing.

*848Defendant, Mitchell Hobbs, was convicted of the offense of stealing a mule and given an indeterminate sentence in the penitentiary of from two to twenty-one years. He appeals.

Defendant and Isom Estep were first jointly indicted for stealing a horse. Estep was tried and convicted. Thereafter a new trial was granted and the indictment dismissed against him.

After several continuances by the defendant, Mitchell Hobbs, the indictment charging him with stealing a horse was re-ueferred to the grand jury and a new indictment returned…