Smith v. Commonwealth

STEWART, Chief Justice.

Appellant, David O. Smith, was convicted of the crime of uttering a forged check, an offense’denounced by KRS 434.-130, and sentenced to ■ serve two years in the penitentiary. Four grounds are urged for reversal, but we have concluded the evidence failed to make out a case of forgery within the meaning of the law, and we shall therefore confine our discussion to this issue.

On December 28, 1953, Smith presented a check for $10, drawn on the West Point Bank in West Point, to one John Kunnecke, at Mauldraugh in Meade County, and requested him to cash it. It was made…