SMITH v. COMMONWEALTH


282 S.W.2d 618 (1955)

David O. SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

September 30, 1955.


Attorney(s) appearing for the Case

Robert W. Zollinger, Louisville, for appellant.

J. D. Buckman, Jr., Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.


STEWART, Chief Justice.

Appellant, David O. Smith, was convicted of the crime of uttering a forged check, an offense denounced by KRS 434.130, and sentenced to serve two years in the penitentiary. Four grounds are urged for reversal, but we have concluded the evidence failed to make out a case of forgery within the meaning of the law, and we shall therefore confine our discussion to this issue.

On December 28, 1953, Smith presented a check for $10, drawn on...

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