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GAYTON v. COMMONWEALTH

287 S.W.2d 429 (1956)

Paul GAYTON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

February 17, 1956.

Attorney(s) appearing for the Case

John C. Watts, Bernard T. Moynahan, Nicholasville, for appellant.

Jo M. Ferguson, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.

STEWART, Judge.

Paul Gayton, James Russell Johnson and Charles Overstreet were jointly indicted in the Jessamine Circuit Court for the crime of grand larceny, consisting of stealing a quantity of pork sausage and pork loins. See KRS 433.220. At a separate trial Gayton was found guilty and his punishment fixed at confinement in the penitentiary for one year.

He prosecutes this appeal, alleging (a) the evidence was insufficient to submit the case to the jury...

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