STAFFORD v. COMMONWEALTH


490 S.W.2d 738 (1973)

Daniel W. STAFFORD, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

February 16, 1973.


Attorney(s) appearing for the Case

Wheeler B. Boone, Lexington, for appellant.

Ed W. Hancock, Atty. Gen., John M. Famularo, Asst. Atty. Gen., Frankfort, for appellee.


STEPHENSON, Justice.

Daniel Stafford was charged in Fayette Circuit Court with embezzlement. A jury returned a verdict of guilty imposing a seven-year prison sentence. Stafford appeals.

Stafford claims he should have had a directed verdict on the trial because of a variance between the proof and the indictment and because the evidence of the Commonwealth did not warrant submitting the case to the jury. He further asserts error in the instructions.

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