Commonwealth v. Fisher
Court of Appeals of Kentucky
Case 64 — Indictment against F. P. Fisher for Embezzlement.— APPEAL FROM CARLISLE CIRCUIT COURT. Judgment Dismissing Indictment on Demurrer and Commonwealth Appeals.
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Case 64 — Indictment against F. P. Fisher for Embezzlement.— APPEAL FROM CARLISLE CIRCUIT COURT. Judgment Dismissing Indictment on Demurrer and Commonwealth Appeals. The only objection urged to the indictment in the low.er court, and upon which the court sustained the demurrer thereto, is that a sheriff who misapplies or fraudulently appropriates taxes collected by him, is not embraced by section 1205, Kentucky Statutes, which so far as applicable, is as follows: “If any person having the custody, control or distinct possession of any money . . . belonging to or for -the use of the State or…
1Opinion of the Court
Opinion op ti-ie court by
CHIEF JUSTICE GUFFY
Reversing.
The grand jury of the county of Carlisle returned an indictment against F. I*. Fisher charging him with the offense of embezzlement. The specifications in the indictment in *494apt language charges that the said Fisher, in said county, on the 28th of October, 1901, and before the finding of this indictment, was, during and for the years of 1S98, 1899, 1900, and 1901, the duly elected and qualified acting sheriff of- Carlisle county, and that he was elected to said office and that as sheriff he had the control, custody, and distinct possession…
2Cases cited3 opinions
- Snapp v. CommonwealthCourt of Appeals of Kentucky · 1884
- McAnelly v. Ward Bros.Texas Supreme Court · 1888
- Stone v. CommonwealthCourt of Appeals of Kentucky · 1898
3Cited by12 opinions
- Hill v. FlemingCourt of Appeals of Kentucky · 1908
- Smedley v. CommonwealthCourt of Appeals of Kentucky · 1910
- Commonwealth v. JacobsCourt of Appeals of Kentucky · 1907
- Commonwealth v. KelleyCourt of Appeals of Kentucky · 1907
- Denny, Banking Commissioner v. ThompsonCourt of Appeals of Kentucky (pre-1976) · 1930
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