Harrell v. Commonwealth

BIRD, Judge.

J. B. Harrell was indicted under KRS 434.070 on a charge of uttering a “cold check.” He was convicted and sentenced to two years in the state penitentiary. He appeals and charges divers errors upon which he relies for a reversal.

He first contends that the court erred in overruling his demurrer to the indictment. He charges failure to allege that the payee parted with something of value during the transaction in which the check was accepted. It is alleged that the check was given in payment for the “purchase of livestock.” Purchase implies the conveyance of title from seller to…