123 Ky. 330 | Ky. Ct. App. | 1906
Opinion by
Opinion Certified.
H. J. Everson was indicted in the Jefferson circuit court on the charge of housebreaking. He was tried and acquitted. The commonwealth has prosecuted an appeal on certain questions of law arising on the trial. Only so much of the facts of the case will be stated as is necessary for a proper understanding of the questions of law. Everson was in the employ of the Moran Flexible Steam Joint Company, as bookkeeper. The president and treasurer found the corporation was short of its cash, and not knowing what had become of it, decided to discharge the bookkeeper, which was done. After this, the corporation set about making an investigation of it)3 affairs, to ascertain what had become of the money, and about this time its warehouse was broken into, its books and
The court refused to admit the evidence of Mrs. Delara on the ground that a communication between husband and wife was confidential. While neither the husband nor wife may testify as to any communication between them, the authorities so far as we can find, are unanimous in holding that third persons may testify to communications overheard by them between
The defendant could not be convicted of forging the checks, or of embezzling the money of his employer; hut proof that he had embezzled the money of his employer, and that this fact was shown by the books and checks which were stolen when the warehouse was
We are, therefore, of the opinion that the circuit court erred in the rulings above indicated, and it is ordered to be so certified.