Court of Appeals of Kentucky, 1869

Commonwealth v. Sherrit

Court of Appeals of Kentucky · Decided December 7, 1869 · Robertson

3 Ky. Op. 421; 1869 Ky. LEXIS 470

Cases that cite this one

1 later published case cites this decision.

Happy Coal Co. v. Brashear (Court of Appeals of Kentucky (pre-1976) 1935)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Opinion of the Court by

Judge Robertson:

The appellee, William Sherrit, as surety in the recognizance for the appearance of Frank Sherrit at the October term, 1868. might, by motion, have been entitled to a vacation of the payment of the forfeiture had he filed his affidavit during that term, but, at the subsequent term when he made the application, the court had no jurisdiction except that of discretionary remission given by the 94th section of the Criminal Code which requires that before such remission, the accused shall, by voluntary surrender *422or otherwise, be in the custody of the court. Consequently, as the record does not show this indisputable prerequisite, the judgment of remission was unauthorized and erroneous. Commonwealth vs. Rowland, 4th Met.

Attorney General, for appellant.

Wherefore, the judgment is reversed and the cause remanded for a judgment consistent with this opinion.

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