Commonwealth v. Burnette

JERRY W. GILBERT, Special Justice,

dissenting.

Respectfully, I dissent.

In order to establish a theft by deception, it must be shown that a defendant obtained something to which he was not otherwise entitled. Palmer v. Commonwealth, Ky., 479 S.W.2d 613 (1972). The offense is not established if the “victim” of the offense received what was bargained for or if predicated upon matters which have no pecuniary significance. Sanson v. Commonwealth, 313 Ky. 631, 233 S.W.2d 258 (1950); Rowland v. Commonwealth, Ky., 355 S.W.2d 292 (1962); and Davis v. Commonwealth, Ky.App., 564 S.W.2d 33 (1978). Nor is…