Montgomery v. Commonwealth

Opinion op the Court by

Judge Clarke

Reversing.

This is an appeal from, a judgment of the Daviess circuit court entered on a verdict of the jury finding defendant, Louis Montgomery, guilty of the crime of uttering ,a forged check and fixing his punishment at two years’ confinement in the penitentiary'.

By section 1189, Kentucky Statutes, which defines the crime, knowledge of the forgery is made an essential element thereof. Smith v. Commonwealth, 151 Ky. 517; Gregory’s Criminal Law, section 394.

Defendant admitted the utterance of the check but denied knowledge of its forgery. Whether or not he…