290 SW2D 40 - Strahan v. Commonwealth

How this case has been cited

Cited by 41 later decisions (1 by the Supreme Court) — most recently December 2006 · most notably Heidt v. Aughenbaugh Coal Co. (1962), Phipps v. Leftwich (1976)

12 federal appellate · 24 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

PER CURIAM.

¶11 Appellant was indicted under subsection (2) of KRS 434.220. She was convicted and fined $100. A motion for appeal has' been filed.

¶2It is urged that a demurrer should have been sustained to the indictment since the facts of the case indicated that the indictments should have been drawn under subsection (1) of the statute. The record does not contain a transcript of the evidence heard on the trial.

¶3This indictment is properly drawn to conform to subsection (2). An appropriate instruction was given. In the absence of the proof introduced, it is presumed that the evidence sustained the conviction.

¶4No error having been'found, the motion for appeal is overruled and the judgment is affirmed.