Commonwealth v. McKinney

HOGGE, Judge.

This is an appeal from a judgment of the Warren Circuit Court dismissing indictments against the appellees which charged theft by deception in violation of KRS 514.- • 040. The appellees, Meatie Ann McKinney, Ruth Kinslow, Elaine Anthony Morris and Priscilla Alexander, were charged with having committed the felonious acts by obtaining “welfare” payments or public assistance from the Commonwealth of Kentucky by making false statements. The indictments were dismissed on the grounds that the prosecution of these cases as a felony under KRS 514.040 subverted the intention of the…