Smith v. Commonwealth

MONTGOMERY, Judge.

Thomas Henry Smith was convicted of uttering a forged instrument. KRS 434.-130. His punishment was fixed at three years’ confinement. He appeals, urging that the evidence does not prove the essential •elements of the crime and that there was a fatal variance between the indictment and the proof.

The accused, a garbage collector, presented $25 in money for deposit at a “drive-in” window of the Central Trust Company of Owensboro on September 7, 1955. The teller testified that she asked him how he carried his account and he replied, “T. J. Smith”. She prepared a deposit slip in…