Commonwealth v. Fitzpatrick

Opinion of the Court by

Judge Clarke —

Affirming.

The indictment herein, to which the lower court sustained a demurrer, accuses the defendant as county judge of Letcher county of “unlawfully, fraudulently, and feloniously misappropriating and converting to his own use money of value, the property of Letcher county, without the consent of the owner thereof,” and stated as the facts upon which the charge is based that on January 28th, 1924, the defendant “unlawfully, fraudulently, and feloniously, and without the consent of said county of Letcher, did appropriate and convert to his own use the sum…