Scott v. Commonwealth

Opinion of the Court by

Judge Carroll —

Affirming.

The appellants were separately indicted under section 1201b, of the Kentucky Statutes, providing in part that—

“Any person who shall * * # appropriate to his own use, or to the use of another, any property in the possession of a common carrier for transportation or delivery, shall be guilty of a felony, and shall be pun*81ished by confinement in the penitentiary for not less than one nor more than five years. ’ ’

The indictment in each case charged that the accused did unlawfully and wilfully convert to his own use a lot of coal, which was then in…