Nickens v. Commonwealth

Opinion op the Court by

Commissioner Tinsley

Affirming.

The defendant was convicted of embezzlement and sentenced to the penitentiary for 3% years. On his appeal from the judgment against him, he insists that the indictment is insufficient; that incompetent evidence was introduced against him; that he was entitled to a peremptory instruction; and that the instructions given are erroneous.

1. The charge against the defendant is that while town marshal and tax collector of Morton’s Gap, a city of the fifth class, he embezzled and converted to his own use money, the property of the town, which he…