Legal Opinion

Commonwealth v. Alexander

Court of Appeals of Kentucky

Decided June 23, 1908PublishedCited by 7 opinions

CASE 41. — PROSECUTION AGAINST P. A. ALEXANDER FOR EMBEZZLEMENT. — September 23. Appeal from Owen Circuit Court. J. W. Cammack, Circuit Judge.

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CASE 41. — PROSECUTION AGAINST P. A. ALEXANDER FOR EMBEZZLEMENT. — September 23. Appeal from Owen Circuit Court. J. W. Cammack, Circuit Judge. Prom a judgment sustaining a demurrer to the indictment the Commonwealth appeals — Our contention is: 1. It is not requisite that the Commonwealth’s attorney or the county attorney should, either, sign in indictment. 2. That it was the province of the members of' the grand jury, if they had actual knowledge of facts necessary to find an indictment against the accused they could do so in the absence of ahy- witness whatever. 3. Section 120 of the…

1Opinion of the Court

Opinion of the Court by

Judge Nunn —

Affirming.

Appellee was indicted in the Owen circuit court for the offense of embezzlement. The court sustained a demurrer to the indictment, and the Commonwealth appeals. The indictment was evidently drawn to cover the offense defined by section 1205 of the Kentucky Statutes of 1903. In substance, appellee was charged in the indictment with having collected from divers taxpayers of the county the sum of $2,286 during the year 1898; that he feloniously, knowingly, and *431fraudulently collected this money, retained, and applied it to his own use and benefit,…

2Cases cited1 opinion

  1. Commonwealth ex rel. Devoe v. BaskeCourt of Appeals of Kentucky · 1907

3Cited by7 opinions

  1. Alexander v. Owen CountyCourt of Appeals of Kentucky · 1910
  2. Mason v. CookCourt of Appeals of Kentucky · 1919
  3. Commonwealth v. GriffyCourt of Appeals of Kentucky (pre-1976) · 1925
  4. Pebley v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1928
  5. Nickens v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1929

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