WILLIAMS v. COMMONWEALTH


234 S.W.2d 148 (1950)

WILLIAMS v. COMMONWEALTH.

Court of Appeals of Kentucky.

November 10, 1950.


Attorney(s) appearing for the Case

Robert S. Wellman and Hayes & Wellman all of Prestonsburg, for appellant.

A. E. Funk, Atty. Gen., W. Owen Keller, Asst. Atty. Gen., for appellee.


REES, Justice.

John Williams was convicted of the crime of grand larceny, and his punishment fixed by the jury at confinement in the state reformatory for a term of two years. The court overruled the defendant's motion for a new trial, but later entered a judgment reducing the sentence to one year in the state reformatory. Grounds urged for reversal of the judgment are: (1) Variance between the proof and the indictment; (2) failure of the trial court to give an instruction...

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