Maggard v. Com. of Ky.
| Decision Date | 04 December 1953 |
| Citation | 262 S.W.2d 672 |
| Parties | MAGGARD v. COMMONWEALTH OF KENTUCKY. |
| Court | United States State Supreme Court — District of Kentucky |
Isaac Turner, Hyden, for appellant.
J. D. Buckman, Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., G. R. Drinnon, Middlesboro, for appellee.
Appellant was convicted and sentenced to one year in the penitentiary for the offense of issuing a worthless check payable to Luther Jamerson in the amount of $55.41. KRS 434.070. Several grounds are urged for reversal, only one of which will be discussed.
Appellant operated a coal mine under a lease from Cutshin Coal Company, and the check was given in payment of wages previously earned by Jamerson for loading coal and working in the mines. A necessary element of the offense is an intent to defraud, and it is well settled that when a check is given in payment of a debt without simultaneously obtaining money or property, the offense it not complete. Commonwealth v. Hammock, 198 Ky. 785, 250 S.W. 85. The check in this case was merely in payment of a debt, and its issuance is not punishable under the statute.
The judgment is reversed.
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State v. Sinclair, 148
...a past-due obligation is not the obtention of 'anything of value.' A case factually similar to the case before us is Maggard v. Commonwealth, 262 S.W.2d 672 (Ky.1953), where the appellant, who operated a coal mine, gave a check in payment of wages previously earned by one Jamerson for loadi......
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State v. Jarman
...means 'to deprive of some right, interest or property by a deceitful device; to cheat; to overreach; * * *'.' In Maggard v. Commonwealth of Kentucky, 262 S.W.2d 672 (Ky.1953), a case involving a prosecution for issuing a worthless check, the court said: 'A necessary element of the offense i......
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...unless a thing of value is obtained simultaneously with the giving of the check. Such is the theory of the law. See Maggard v. Commonwealth, Ky., 262 S.W.2d 672; and Harrell v. Commonwealth, Ky., 328 S.W.2d 531. Here he seeks application of that rule because the property was not removed imm......