Botkins v. Commonwealth

MONTGOMERY, Judge.

Elbert Botkins was convicted of embezzling $11.65 paid to him as Justice of the Peace on a fine. He was sentenced to one year’s confinement. He appeals and argues that he was indicted under KRS 434.010 which does not cover the offense of which he was convicted; the indictment is invalid and the instruction is erroneous for failure to charge intent as provided in KRS 434.-020; and the verdict is flagrantly against the evidence.

In substance the testimony for the Commonwealth shows that Tom Black paid appellant $11.65 on a fine for his son, Charles Foley Black; that appellant…