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OWSLEY v. COM.

621 S.W.2d 21 (1981)

James OWSLEY, Movant, v. COMMONWEALTH of Kentucky, Respondent.

Supreme Court of Kentucky.

September 22, 1981.

Attorney(s) appearing for the Case

Jack Emory Farley, Public Advocate, Frankfort, James S. Sanders (of counsel), Lancaster, for movant.

Steve Beshear, Atty. Gen., Robert W. Hensley, Asst. Atty. Gen., Frankfort, for respondent.

OPINION OF THE COURT

James Owsley was convicted of violating KRS 514.040 (Theft by Deception) and sentenced to two years in prison. He appeals from a decision of the Court of Appeals affirming the judgment.

On August 26, 1977, Owsley bought livestock from the Garrard County Stockyards for $5696.35 and made payment in the form of a check drawn by him on a bank at Harrodsburg in which he maintained a checking account. The check was returned on September 14...

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