McKinney v. Commonwealth

A grand jury in the circuit court returned an indictment against Robert L. McKinney, referred to herein as McKinney or defendant. It charged him with the embezzlement and grand larceny of $19,500, “certain moneys” belonging to Bennie William Pierce, Jr. On his trial a jury found him guilty and fixed his punishment at six months in jail and $1,000 fine. He was sentenced according to the verdict and we granted him a writ of error.

The defendant contends, first, that he was not guilty of embezzlement under the facts of the case. There was little, if any, conflict in the evidence on material…