Fortney v. Commonwealth

Opinion op the Court by

Sims, Commissioner

— Reversing.

The appellant, J. G. Fortney, was convicted of embezzling $669.88 from a corporation, the Southeastern Gas & Oil Company, hereinafter referred to as the Southeastern, while acting as its manager, an offense denounced by Section 1202 Kentucky Statutes. His punishment was fixed at confinement in the penitentiary for one year, and to reverse the judgment he assigns three errors: 1, The court erred- in ruling on evidence; 2, the instructions were erroneous; 3, the verdict is flagrantly against the evidence. We have reached the conclusion that…