Gulley v. Commonwealth

NEIKIRK, Judge.

Howard Gulley was indicted on three counts of aiding and abetting the utterance of a forged check. He was found guilty on two counts, and his sentence was fixed at five years' imprisonment on each count, the terms to be served consecutively. He appeals. We affirm.

Appellant contends that: (1) Aiding and abetting an utterance of a forged check is not an indictable offense under Kentucky law; (2) the trial court erred in overruling appellant’s motion to discharge the jury after a reference to allegedly prejudicial evidence was made by the Commonwealth’s attorney in his opening…