Sims v. Commonwealth

WADDILL, Commissioner.

The appellant, Herman Sims, was found guilty of selling mortgaged property in violation of KRS 434.210 and sentenced to 3 years in prison. On appeal, he relies upon the following grounds for reversal: (1) The court erred in refusing to peremptorily instruct the jury to réturn a verdict of acquittal ; (2) error in admitting incompetent evidence; and (3) error in failing to instruct the jury upon appellant’s theory of the case.

The evidence offered in behalf of the Commonwealth established that on March 21, 1950, appellant, in consequence of a loan, executed a note in the…