Ky. Rev. Stat. » Chapter 434
Kentucky Revised Statutes

Ky. Rev. Stat. § 434.070 (2026)

Repealed, effective January 1, 1975

✓ current as of May 2026
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Catchline at repeal: Making or delivering check, draft or order not backed by sufficient funds -- Presumption of fraud. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1213a.

Notes of Decisions
Cited in 13 cases, 1943–1974 · leading case: Harrell v. Commonwealth, 328 S.W.2d 531 (Ky. Ct. App. 1959).
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Harrell v. Commonwealth, 328 S.W.2d 531 (Ky. Ct. App. 1959). · cites it 2× “Harrell was indicted under KRS 434.070 on a charge of uttering a “cold check.”
Weigand v. Commonwealth, 397 S.W.2d 780 (Ky. Ct. App. 1965). “See KRS 434.070(1). His punishment was fixed at confinement in the penitentiary for a period of two years on each count, the sentences to run consecutively.”
Maggard v. Commonwealth, 262 S.W.2d 672 (Ky. Ct. App. 1953). “KRS 434.070. Several grounds are urged for reversal, only one of which will be discussed.”
Howard v. Ingram, 452 S.W.2d 410 (Ky. Ct. App. 1970). “Ingram was convicted in the Fleming Circuit Court for violation of KRS 434.070(1) (“cold check”), and his punishment was fixed at confinement in the reformatory for one year.”
Mercer v. Commonwealth, 332 S.W.2d 655 (Ky. Ct. App. 1960). “William Ellis Mercer was indicted under KRS 434.070 for uttering a worthless check.”
In Re Wells, 168 S.W.2d 730 (Ky. Ct. App. 1943). “While respondent has never been convicted of a violation of the cold check law, KRS 434.070, yet the fact remains that he executed and delivered to divers persons worthless checks under circumstances indicating clearly his expectation that the checks would be put into…”
Daily v. Commonwealth, 248 S.W.2d 425 (Ky. Ct. App. 1952). “2d 971 , it was squarely held that although the offense of giving a cold check is covered by a separate statute, KRS 434.070, it is also a degree of the offense of obtaining money by false pretenses.”
Hardy v. Howard, 458 S.W.2d 764 (Ky. Ct. App. 1970). “It appears that on March 3, 1967, upon a plea of guilty, petitioner was given a one-year sentence on a charge under KRS 434.070(2) in the Mason Circuit Court.”
Gibbs v. Commonwealth, 273 S.W.2d 583 (Ky. Ct. App. 1954). · cites it 2× “Dan Gibbs appeals from a judgment of the Breathitt Circuit Court sentencing him to serve one year in the penitentiary upon a jury conviction of issuing an alleged cold and worthless- check to one' Amos Graham in violation of KRS 434.070. The grounds urged for reversal are: (a)…”
Stiles v. Commonwealth, 348 S.W.2d 843 (Ky. Ct. App. 1961). · cites it 2× “Stiles, was convicted of uttering a “cold check” under KRS 434.070. He was sentenced to one year’s confinement in the penitentiary.”
Redmond v. Whaley, 222 S.W.2d 833 (Ky. Ct. App. 1949). “The petitioner alleges, without authenticated documentary exhibits, that on a plea of guilty he was adjudged by the Laurel circuit court at its February term, 1949, to serve five years imprisonment for committing the felony of issuing a “cold” check, denounced by KRS 434.070,…”
Davis v. Black, 518 S.W.2d 338 (Ky. Ct. App. 1974). “On December 22, 1972, after serving almost a year on a 3-year combined term of imprisonment to which he had been sentenced following conviction for the felonies of uttering a worthless check or checks (KRS 434.070) and forgery (KRS 434.-130), Davis was released on parole under…”
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— Ky. Rev. Stat. § 434.070(1) — 2 cases
Weigand v. Commonwealth, 397 S.W.2d 780 (Ky. Ct. App. 1965). “See KRS 434.070(1). His punishment was fixed at confinement in the penitentiary for a period of two years on each count, the sentences to run consecutively.”
Howard v. Ingram, 452 S.W.2d 410 (Ky. Ct. App. 1970). “Ingram was convicted in the Fleming Circuit Court for violation of KRS 434.070(1) (“cold check”), and his punishment was fixed at confinement in the reformatory for one year.”
— Ky. Rev. Stat. § 434.070(2) — 1 case
Hardy v. Howard, 458 S.W.2d 764 (Ky. Ct. App. 1970). “It appears that on March 3, 1967, upon a plea of guilty, petitioner was given a one-year sentence on a charge under KRS 434.070(2) in the Mason Circuit Court.”
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