Commonwealth v. Perry

Opinion of the Court by

Justice SCHRODER.

The sole issue in this certification of the law sought by the Commonwealth is whether the offense of Theft by Failure to Make Required Disposition of Property (KRS 514.070) covers a situation in which the victim gives money to the defendant with the agreement that the defendant will purchase merchandise from a third party source and give it to the victim, and then the defendant fails to purchase the item or return the money. We hold that it does.

Norma Taylor needed a new engine for her car, so she contacted the defendant, Sheila Perry, who she had heard…