Legal Opinion

Bailey v. Commonwealth

Court of Appeals of Kentucky

Decided November 12, 1908PublishedCited by 14 opinions

CASE 40. — PROSECUTION AGAINST I. BAILEY, SR., FOR EMBEZZLEMENT. — Appeal from Hopkins Circuit Court. J. P. Gordon, Circuit Judge. Defendant convicted and appeals. — POINTS SUGGESTED. 1. The indictment is bad. It is too general and indefinite. It does not give notice to a man of common understanding of the particular charge he is required to meet. It is not direct and certain as “to the particular circumstances of the oflense charged.” (Crim.

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CASE 40. — PROSECUTION AGAINST I. BAILEY, SR., FOR EMBEZZLEMENT. — Appeal from Hopkins Circuit Court. J. P. Gordon, Circuit Judge. Defendant convicted and appeals. — POINTS SUGGESTED. 1. The indictment is bad. It is too general and indefinite. It does not give notice to a man of common understanding of the particular charge he is required to meet. It is not direct and certain as “to the particular circumstances of the oflense charged.” (Crim. Code section 124.) As this court has time and again said, 'The indictment should be sufficiently explicit to put the accused upon his defense as to the…

1Opinion of the Court

Opinion of the Court by

Chief Justice O’Rear —

Reversing.

This appeal is prosecuted from a conviction; the charge being embezzlement.

Appellant.was, and for many years had been, treasurer, secretary, and general manager of the Reinecke Coal Company, a corporation whose place of business *305was at Madisonville, Ky. The indictment, following substantially the Kentucky statute against the crime of embezzlement, charged that appellant, while such officer of the corporation named, and being instrusted with'its money, chattels, and effects, had embezzled, and unlawfully and fraudulently converted to his…

2Cases cited3 opinions

  1. People v. McKinneyMichigan Supreme Court · 1862
  2. Travis v. CommonwealthCourt of Appeals of Kentucky · 1894
  3. Jones v. CommonwealthCourt of Appeals of Kentucky · 1877

3Cited by14 opinions

  1. State v. O'NeilIdaho Supreme Court · 1913
  2. Clary v. CommonwealthCourt of Appeals of Kentucky · 1915
  3. Schleeter v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1927
  4. Smedley v. CommonwealthCourt of Appeals of Kentucky · 1910
  5. Hopper v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1933

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