Braswell v. Commonwealth

MONTGOMERY, Judge.

Frank Braswell appeals from a judgment of conviction of obtaining money under false pretenses. KRS 434.050. He was sentenced to confinement in the penitentiary for four years. Several grounds are urged for reversal.

Appellant contends that there is a fatal variance between the indictment and the proof in the case. The indictment charged that appellant defrauded “Mrs. Flora Al-vey” of “$80.00 in lawful money of the United States.” The instructions followed the language of the indictment. The proof showed that appellant called on R. A. Alvey and secured his application for…