Fannin v. Commonwealth

STEWART, Judge.

Bert A. Fannin, charged with the offense of malfeasance in office, was found guilty by the jury and fined $100. When judgment was entered on the verdict his office was also declared vacant. See KRS 61.170(1). He was at the time the duly elected and acting Justice of the Peace of the Second Magisterial District of Boyd County.

Fannin has appealed from the judgment, urging three grounds for reversal: (1) That his substantial rights were prejudiced by a refusal to grant him a continuance; (2) that he was entitled to a directed verdict in his favor; and (3) that the verdict returned…