Rhea v. Commonwealth

Opinion op the Court by

Commissioner Stanley—

Reversing.

The appellants, E. C. Rhea and N. T. Bates, seek the reversal of a judgment convicting them of converting the money of another to their own use, a crime denounced by section 1358a of the Kentucky Statutes. Each of them was sentenced to serve one year in the penitentiary. The judgment will be reversed on the ground that the trial court should have peremptorily instructed the jury to find the defendants not guilty.

When the crime is charged to have been committed, in February, 1929, the appellant Bates was the district agent or manager for…