Maggard v. Commonwealth

DUNCAN; Justice.

Appellant was convicted and sentenced to one year in the penitentiary for the offense of issuing a worthless check payable to Luther Jamerson in the amount of $55.41. KRS 434.070. Several grounds are urged for reversal, only one of which will be discussed.

Appellant operated a coal mine under a lease from.Cutshin Coal Company, and the check was given in payment of wages previously earned by Jamerson for loading coal and working in the mines. A necessary element of the offense is an intent to defraud, and it is well settled that when a check is given in payment of a debt without…