Miller v. State

ON PETITION TO TRANSFER

PIVARNIK, Justice.

Appellant-Defendant Kipley Miller appealed his conviction after a bench trial for the offense of receiving payment while indebted, a class D felony.

The facts show that Defendant contracted with Estill Spurlock in 1977 to build the Spurlocks a house. During construction, Defendant accepted three installment payments, totalling $28,900, from the Spur-locks, but did not inform them that he had not yet paid for all the materials used in building their home. Defendant, as general contractor for the Spurlocks, purchased building materials from Ziegler…