Fain v. Commonwealth

Opinion op the Court by

Judge Ratliff

— Reversing.

The appellant, Shirley Fain, was convicted in the Madison Circuit Court under an indictment charging him with the crime of uttering a forgery and sentenced to two years and nine months in the penitentiary. He has appealed from the judgment, insisting upon a reversal upon the grounds, (a) the court admitted incompetent evidence offered by the Commonwealth, (b) the instructions are prejudicially erroneous, and (c) defendant’s motion for a peremptory instruction to find defendant not guilty should have been sustained because no offense was proven…