Daily v. Commonwealth

COMBS, Justice.

Appellant was convicted of obtaining property by false pretenses and sentenced to one year in the penitentiary. He contends he was entitled to a peremptory instruction, and that erroneous instructions were given to the jury.

It is admitted that appellant gave a check in the amount of $132 to Joseph Collins for a load of hay. The check was presented to the bank on which it was drawn and payment was refused because appellant had insufficient funds in the bank to cover payment. The indictment was drawn under KRS 434.050, commonly referred to as the “false pretenses” statute, and it…