Legal Opinion

Morse v. Commonwealth

Court of Appeals of Kentucky

Decided June 17, 1908PublishedCited by 52 opinions

CASE 30. — PROSECUTION AGAINST' P. H. MORSE FOR EMBEZZLEMENT. — Jume 17. Appeal from Kenton Circuit Court. W. MoD. Shaw, Circuit Judge. Defendant convicted and appeals — AUTHORITIES CITED. 1. A peremptory instruction should have been given. (Roberson on Ky. Crim. Law, vol. 1, sec. 445, p. 642; Amer. & Eng.

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CASE 30. — PROSECUTION AGAINST' P. H. MORSE FOR EMBEZZLEMENT. — Jume 17. Appeal from Kenton Circuit Court. W. MoD. Shaw, Circuit Judge. Defendant convicted and appeals — AUTHORITIES CITED. 1. A peremptory instruction should have been given. (Roberson on Ky. Crim. Law, vol. 1, sec. 445, p. 642; Amer. & Eng. Ency. of Law, vol. 6, pp. 465, 473 and 474; Russell on Crimes-, vol. 2, sec. 188; Stone v. Commonwealth, 104 Ky., 220.) 2. The court erroneously permitted incompetent testimony. (Russell on Crimes, vol. 3, sections 300, 294 and 288; Snapp v. Commonwealth, 83 Ky., 179.) 3. The court erred in…

1Opinion of the Court

*299Opinion op the Court by

Judge Carroll —

Affirming.

The appellant wa's indicted under section 1202 of the Kentucky Statutes of 1903, providing in part that: “If any officer, agent, clerk or servant of any bank or corporation shall embezzle or fraudulently convert to his own use or the use of another, money * * * belonging to such bank or corporation * * * which shall have come into his possession * * * as such officer, agent, clerk or servant, * * * he shall be confined in the penitentiary for not less than one nor more than ten years.” The indictment charged that appellant, who was indicted as…

2Cases cited21 opinions

  1. People v. . MolineuxNew York Court of Appeals · 1901
  2. State v. BradySupreme Court of Iowa · 1896
  3. Shaffner v. CommonwealthSupreme Court of Pennsylvania · 1872
  4. People v. SeamanMichigan Supreme Court · 1895
  5. Thalheim v. StateSupreme Court of Florida · 1896

16 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. Youman v. CommonwealthCourt of Appeals of Kentucky · 1920
  2. State v. BickfordNorth Dakota Supreme Court · 1913
  3. Parrish v. CommonwealthCourt of Appeals of Kentucky · 1909
  4. State v. JohnsonSupreme Court of Iowa · 1936
  5. Grigsby v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1945

47 more not listed; retrieve them via the Exa API.

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