PFUNDER v. COMMONWEALTH


251 S.W.2d 843 (1952)

PFUNDER v. COMMONWEALTH.

Court of Appeals of Kentucky.

October 10, 1952.


Attorney(s) appearing for the Case

Earle T. Shoup, W. Pelham McMurry, Paducah, Charles W. Runyan, Marion, for appellant.

J. D. Buckman, Jr., Atty. Gen., Wm. F. Simpson, Asst. Atty. Gen., for appellee.


STANLEY, Commissioner.

We think the evidence of the Commonwealth does not prove criminal conversion of money. It did not prove even a civil breach of trust, and scarcely a breach of an agreement, yet the penalty was fixed at confinement in the penitentiary for a year. It may be observed that the personal attorney of the complaining witness, who was engaged in civil litigation with the defendant, apparently took charge of the prosecution, for he examined or cross-examined...

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