Commonwealth v. Kelley
Court of Appeals of Kentucky
Case 28. — indictment -against john w. kelley for EMBEZZLEMENT. Appeal from Trigg Circuit Court. Robert Crenshaw, Special Judge.
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Case 28. — indictment -against john w. kelley for EMBEZZLEMENT. Appeal from Trigg Circuit Court. Robert Crenshaw, Special Judge. From, a judgment sustaining a demurrer to the indictment the commonwealth appeals. 1. In this State, the gist of the cffense is the .fraudulent or unlawful conversion .without the consent of the owner and we take the broad position that a demand has neither to -be alleged nor proven, in order to constitute guilt of the offénse denounced by this Act of 1902. 2. In some states, New Jersey, Michigan and California, among many others, it has been held that a demand is…
1Opinion of the Court
Opinion op the . Court by
Judge Barker
Reversing.
The appellee, John W. Kelly, was indicted by the grand jury of Trigg county, charged with the offense of ©mbezzeling certain money and notes which were in' his hands as master commisisoner of the Trigg circuit court. A general demurrer to the indictment was interposed by the defendant and sustained by the court, and the indictment dismissed. From this judgment, the commonwealth has appealed.
As the question involved is both novel and important, we insert the indictment and the act under which it was found in full: ‘ ‘ The grand jury of Trigg…
2Cases cited9 opinions
- Commonwealth v. BarneyCourt of Appeals of Kentucky · 1903
- Keys v. StateSupreme Court of Georgia · 1900
- People v. RoyceCalifornia Supreme Court · 1895
- State v. NewSupreme Court of Minnesota · 1875
- Commonwealth v. HusseyMassachusetts Supreme Judicial Court · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. EnsleyIndiana Supreme Court · 1912
- State v. EwertSouth Dakota Supreme Court · 1928
- Scott v. Bd. of TrusteesCourt of Appeals of Kentucky · 1909
- Commonwealth v. ShilladayCourt of Appeals of Kentucky (pre-1976) · 1949
- Commonwealth v. DuvallCourt of Appeals of Kentucky (pre-1976) · 1927
9 more not listed; retrieve them via the Exa API.