LaMastus v. Commonwealth

JOHNSTONE, Judge.

Rigdon Leslie LaMastus appeals from a judgment of the Warren Circuit Court convicting him of fraudulent use of a bank debit card. He was sentenced to one year probated for three years. After reviewing the arguments of the parties and the record, we must reverse the conviction and remand for a new trial.

Minnie Taft offered to let LaMastus move into her home in the spring of 1991, because he had no other place to live. Taft gave LaMastus his own bedroom and did not ask LaMastus to pay rent or expenses. However, Taft’s husband was bedridden, and La-Mastus occasionally helped…