147 Ky. 744 | Ky. Ct. App. | 1912
Opinion op the Court by
Reversing.
John Lucas was indicted in the McCracken Circuit Court for the crime of grand larceny, and having been convicted appeals.
The only evidence introduced by the Commonwealth on the trial tending to connect the defendant with the offense is the following testimony of the prosecuting witness, W. J. Hill: _
_ “Q. Tell the jury what you know about this case?”
“A. I went out to the aviation grounds to see the flying of the airships about four o’clock. I stayed there about ten minutes after seeing the flying of airship, and as there was a rain coming up I started back to town;
“Q. Lid you see anybody else there?”
“A. Yes, sir, there was a big crowd there.”-
There was no evidence showing that Lucas was found in possession of the money which was stolen from Hill :and there is nothing tending to show that Lucas , took .the money except the statement that he was standing by Hill, and looked him up and down, and shortly after this his money was missing. But he was in .a crowd of people, and any of the crowd, had th'e same opportunity to rob him that Lucas had. There is no evidence that Lucas got the money. A prisoner can not be convicted ■on bare suspicion. The court should have instructed the jury peremptorily to find the defendant not- guilty.- " '
' Judgment reversed and cause remanded for further proceedings consistent herewith. • ■ ■