Commonwealth v. Schang
Court of Appeals of Kentucky
CASE 44. — PROSECUTION AGAINST L. SCHANG FOR LARCENY AND FOR OBTAINING MONEY UNDER FALSE* PRETENSES. Appeal from Jefferson Circuit Court; Criminal Division. Joseph Pryor, Judge.
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CASE 44. — PROSECUTION AGAINST L. SCHANG FOR LARCENY AND FOR OBTAINING MONEY UNDER FALSE* PRETENSES. Appeal from Jefferson Circuit Court; Criminal Division. Joseph Pryor, Judge. Prom the judgment sustaining demurrer to the count charging larceny the Commonwealth appeals— The question is, is it larceny for appellee, when he is given a check with which to bribe an officer of the law to have same cashed and appropriate it to his own use and benefit, and fail to apply it to the unlawful use of bribery? It is very clear that if he had given this check to the official, there could have been no…
1Opinion of the Court
Opinion op the Court by
Chiep Justice Settle—
Affirming.
The grand jury of Jefferson county found and returned an indictment against the appellee, L. Schang, containing two counts; the first charging him with the crime of grand larceny, and the second with the crime of obtaining money and property by false pretenses. A demurrer was filed by appellee in the court below to each of the counts of the indictment, and was sustained by that court as to the first and overruled as to the second. From so much of the judgment as sustained the demurrer to the first count of the indictment, the Commonwealth…
2Cases cited4 opinions
- Miller v. CommonwealthCourt of Appeals of Kentucky · 1879
- Elliott v. CommonwealthCourt of Appeals of Kentucky · 1876
- Commonwealth v. WilliamsonCourt of Appeals of Kentucky · 1894
- Smith v. CommonwealthCourt of Appeals of Kentucky · 1908
3Cited by3 opinions
- Hudspeth v. CommonwealthCourt of Appeals of Kentucky · 1922
- Ray v. ShemwellCourt of Appeals of Kentucky · 1917
- Morton v. CommonwealthCourt of Appeals of Kentucky · 1914