Maggard v. Commonwealth

Court of Appeals of Kentucky

Maggard v. Commonwealth

262 S.W.2d 672, 1953 Ky. LEXIS 1111

CourtCourt of Appeals of Kentucky

DecidedDecember 4, 1953

StatusPublished

Cited by5 cases

This text of 262 S.W.2d 672 (Maggard v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Maggard v. Commonwealth, 262 S.W.2d 672, 1953 Ky. LEXIS 1111 (Ky. Ct. App. 1953).

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Opinion

DUNCAN; Justice.

Appellant was convicted and sentenced to one year in the penitentiary for the offense of issuing a worthless check payable to Luther Jamerson in the amount of $55.41. KRS 434.070. Several grounds are urged for reversal, only one of which will be discussed.

Appellant operated a coal mine under a lease from.Cutshin Coal Company, and the check was given in payment of wages previously earned by Jamerson for loading coal and working in the mines. A necessary element of the offense is an intent to defraud, and it is well settled that when a check is given in payment of a debt without simultaneously obtaining money or property, the offense is not complete. Commonwealth v. Hammock, 198 Ky. 785, 250 S.W. 85. The check in this case was merely in payment of a debt, and its issuance is not punishable under the statute.

The judgment is reversed.

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DUNCAN; Justice.

Appellant was convicted and sentenced to one year in the penitentiary for the offense of issuing a worthless check payable to Luther Jamerson in the amount of $55.41. KRS 434.070. Several grounds are urged for reversal, only one of which will be discussed.

Appellant operated a coal mine under a lease from.Cutshin Coal Company, and the check was given in payment of wages previously earned by Jamerson for loading coal and working in the mines. A necessary element of the offense is an intent to defraud, and it is well settled that when a check is given in payment of a debt without simultaneously obtaining money or property, the offense is not complete. Commonwealth v. Hammock, 198 Ky. 785, 250 S.W. 85. The check in this case was merely in payment of a debt, and its issuance is not punishable under the statute.

The judgment is reversed.

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Bluebook (online)

262 S.W.2d 672, 1953 Ky. LEXIS 1111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maggard-v-commonwealth-kyctapp-1953.

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