Henderson and Pierce v. Commonwealth

Opinion of the Court by

Chief Justice Clarke

Affirming.

■ Appellants were jointly indicted, tried and convicted of grand larceny, the 'charge being that they stole an automobile, the property of Mrs. Marie Jarboe. The punishment of Henderson was fixed at five years’ and that of Pierce at two years’ confinement in the penitentiary.

The first insistence is that there should be a reversal on account of this difference in the penalties imposed because there is no proof that either of the appellants was more guilty than the other. This is true in a sense, since all of the evidence shows joint criminal…