SMITH v. COMMONWEALTH


307 S.W.2d 201 (1957)

Thomas Henry SMITH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 15, 1957.


Attorney(s) appearing for the Case

William E. Rummage, Jack A. Connor, Owensboro, for appellant.

Jo M. Ferguson, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.


MONTGOMERY, Judge.

Thomas Henry Smith was convicted of uttering a forged instrument. KRS 434.130. His punishment was fixed at three years' confinement. He appeals, urging that the evidence does not prove the essential elements of the crime and that there was a fatal variance between the indictment and the proof.

The accused, a garbage collector, presented $25 in money for deposit at a "drive-in" window of the Central Trust Company of Owensboro on September...

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