MATTHEWS v. COMMONWEALTH


481 S.W.2d 647 (1972)

John James MATTHEWS and Robert Bertrand Schofner, Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

June 9, 1972.


Attorney(s) appearing for the Case

J. Calvin Aker, Somerset, for appellant.

Ed W. Hancock, Atty. Gen., John M. Famularo, Asst. Atty. Gen., Frankfort, for appellee.


PALMORE, Judge.

John J. Matthews and Robert B. Schofner appeal from a judgment sentencing them to three (3) years in the penitentiary pursuant to a jury verdict finding them guilty of grand larceny. KRS 433.220.

We are of the opinion that the evidence was not sufficient to justify submission of the case to the jury and that the appellants were entitled to a favorable ruling on their motion for a directed verdict. It is not necessary to consider the other grounds...

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