|Court of Appeals of Kentucky.|
|WILDER v. COMMONWEALTH.|
|Dec. 16, 1905.|
Appeal from Circuit Court, Knox County.
"Not to be officially reported."
H. D. Wilder was convicted of embezzlement, and he appeals.
The appellant, H. D. Wilder, was indicted by the grand jury of Knox county, Ky., charged with the offense of embezzling money belonging to the Cable Company, a corporation, contrary to the provisions of section 1203 of the Kentucky Statutes of 1903. A trial resulted in his conviction and being sentenced to the penitentiary for a term of two years.
It seems to us that the guilt of appellant was proved beyond question. There is nothing in the statutes which requires the corporation to be created by the laws of this state, or to obtain permission to do business here. That it was a corporation created by the laws of the state of Illinois for the purpose of manufacturing and selling pianos, and that appellant was its agent in Knox county, Ky., and sold for it many pianos, for which he collected its money and failed to turn it over, but, on the contrary, converted it to his own use, is not seriously disputed. On the trial two of appellant's letters--one written to the corporation and the other to one of its officers--confessing his guilt were read in evidence, and these, together with ample testimony in addition, placed the question of his guilt beyond controversy.
The instruction of the court fully covered the law of the case, and there is no error in the record which would authorize us to reverse the judgment. It must therefore be affirmed; and it is so ordered.
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