DYER, Justice.
The plaintiff in error, Abraham Daugherty, Jr., hereinafter referred to as the defendant, was convicted for misapplication of contract payments under T.C.A. § 64-1140 and was sentenced to a term of six months in the county jail.
The defendant entered into a written contract with Roy Vermillion, the prosecutor, on March 26, 1963, for the construction of a house for the consideration of $19,000.00. By the terms of the contract the defendant...
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