Roberson v. Commonwealth

Opinion of the Court by

Judge Rees

Reversing.

Franklin Roberson and Callis Beck were tried together under an indictment charging them with the offense of storehouse breaking. At the conclusion of the evidence for the commonwealth, Beck’s motion for a directed verdict in his favor was sustained, and a.similar motion made by Roberson was overruled. Roberson did not offer any testimo'ny in his own behailf, and, upon submission of the case to the jury, a verdict was returned finding him guilty of the offense charged and fixing his punishment at imprisonment in the state penitentiary for a term of…