Commonwealth v. Parker

• Decision Date: 08 June 1900
• Citation: 108 Ky. 673,57 S.W. 484
• Parties: COMMONWEALTH v. PARKER. [1]
• Court: Kentucky Court of Appeals

57 S.W. 484

108 Ky. 673

COMMONWEALTH v. PARKER. ^[1]

Court of Appeals of Kentucky.

June 8, 1900

Appeal from circuit court, Jefferson county, criminal division.

"To be officially reported."

John M Parker was indicted in the Jefferson circuit court as accessory before the fact in the commission of the offense of uttering a forged check, and, a motion by defendant to transfer the case to the Kenton circuit court having been sustained, the commonwealth appeals. Opinion certified to the circuit court.

Kohn Baird & Spindle and Robt. J. Breckinridge, for the Commonwealth.

DU RELLE, J.

Appellee Parker, was indicted as accessory before the fact in the commission of the offense of uttering a forged check for $5,000, purporting to be drawn upon the Citizens' National Bank in favor of the German Insurance Bank or bearer, and to be signed by William Edmonds, cashier. It appears that the cashier of the German Insurance Bank was called up by telephone by Friedenheimer, who professed to be Mr. Edmonds, the cashier of the Citizens National Bank, and asked if that bank could be accommodated with currency for a check for $5,000. Being answered in the affirmative, he said he would send for it in a few moments. Soon after the check which was a forgery, was presented by Friedenheimer and paid. Friedenheimer was sworn as a witness against Parker; testified that he and Parker were at the Latonia race track without money, and trying to devise a scheme to get hold of some; that Parker suggested the scheme to get the money from the German Insurance Bank, and it was there agreed, by the advice and procurement of Parker, that Friedenheimer should go to Louisville,--Parker furnishing the money,-- was to forge and utter the check, and to notify Parker by telegram addressed to him under the name of "J. A. Gray" in case he was successful in obtaining the money; that he did effect the purpose of the scheme, obtained the money, and sent a telegram to J. A. Gray, Latonia race track, Ky. saying, "Everything all right. Cora;" that he proceeded to Milldale, met Parker, then having the money in a satchel; that they went to Cincinnati together, to a boarding house, where Parker rented a room; that Parker there took the money out of the satchel, left the satchel in the room, and went to the hotel, where a small part of the money was given to Friedenheimer, and the rest retained by Parker. The Jefferson circuit court, after hearing the evidence showing the utterance of the forged check by Friedenheimer, the evidence of Friedenheimer, and evidence which was introduced as tending to corroborate his testimony, overruled a motion for a peremptory instruction, but sustained a motion to transfer the case to the Kenton circuit court, upon the ground that the Jefferson circuit court had not jurisdiction of the case.

We think the ruling of the circuit court upon the motion for peremptory instruction was clearly right. In corroboration of Friedenheimer's evidence, it was shown, that he and Parker were together at Latonia on June 3, 1899, the day on which he said the scheme was devised; that a telegram was sent by him, directed to "J. A. Gray," on the day upon which the fraud was committed; that, when Friedenheimer was arrested in Cincinnati, Parker told him not to be uneasy that he could prove an alibi for him, or words to that effect,--Friedenheimer having testified that it was agreed between them that Parker should arrange to prove an alibi in case he was arrested. It was shown that they went together to the boarding house; that the satchel was found in the room where Friedenheimer stated it was left; that receipted bills for diamond rings were found in Parker's possession, in accordance with Friedenheimer's story; that, when arrested, Parker said he had no money, except a few dollars upon his person; specifically denied having any at the hotel, though a package was found in charge of the hotel clerk, placed there by Parker, containing about $2,200; that Parker afterwards stated he had won this...