Joy v. Commonwealth

Opinion op the Court by

Chief Justice Sampson

Affirming.

Appellant Joy complains of the judgment of conviction .entered in the Hopkins circuit court against him on *427an indictment accusing him of the crime of embezzlement, under section 1202, Kentucky Statutes, and fixing his punishment at confinement in the state penitentiary for a period of one year. To reverse the judgment appellant prosecutes this appeal, insisting (1) that the court should have given a peremptory instruction to the jury to find him not guilty because of the insufficiency of the evidence; (2) instruction No. 1 was erroneous in…