Evans v. Commonwealth

DAVIS, Commissioner.

The appellant was found guilty on six counts of an indictment charging misapplication of public funds, in violation of KRS 434.020(4). The jury assessed the penalty at confinement in the penitentiary for eight years on each of the counts. The court ordered that the terms of imprisonment run concurrently.

The appellant asserts four charges of error: (1) A mistrial should have been granted because of misconduct of a juror; (2) the court erroneously failed to include in the instructions the issue of reasonable doubt as to the degree of the offense charged; (3) the instructions…