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13 Ky. Op. 536

McHatton v. Commonwealth

Court of Appeals of Kentucky

Decided June 18, 1885

Court of Appeals of Kentucky · decided 1885-06-18

<p>Description of Building Broken Into to Commit a Felony.</p> <p>A house used for storing grain and other things, falls within the description of “outhouse” under a statute making it an offense to break into an outhouse.</p>

Decided 1885-06-18

¶1Opinion by

Judge Lewis :

¶2The evidence shows that the house from which the wheat was taken was used for storing grain and other things, and falls within the description of outhouse in the section of the General Statutes under which the indictment was found.

¶3This court has no right to reverse for an error in overruling the motion for a new trial on the ground of newly discovered evidence.

¶4There is no error occurring at the trial and excepted to,, shown by the record, and the jury being the sole judges of the facts, the verdict in this case can not be disturbed for want of evidence to sustain it.

¶5Judgment affirmed.

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