SIMS v. COMMONWEALTH


260 S.W.2d 393 (1953)

SIMS v. COMMONWEALTH.

Court of Appeals of Kentucky.

Rehearing Denied October 2, 1953.


Attorney(s) appearing for the Case

Myers & Logan, Bowling Green, for appellant.

J. D. Buckman, Jr., Atty. Gen., and John B. Browning, Asst. Atty. Gen., for appellee.


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 return 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...

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