McMillan v. Commonwealth

Opinion op the Court by

Judge Rees

Affirming.

Under an indictment charging him with the offense defined by section 1358a of the Kentucky Statutes, the appellant was tried and convicted, and, from, a judgment sentencing him to one year in the state penitentiary, he appeals. The indictment charged that he converted to his own use $800 in money, the property of J. G. Rader.

McMillan for a number of years had been doing business as the Cumberland Canning Company, with his place of business at Barbourville, Knox county. He was also a dealer in canned goods.

The evidence for the commonwealth shows that…