Court of Appeals of Kentucky, 1871

Commonwealth v. Story

Commonwealth v. Story
Court of Appeals of Kentucky · Decided December 9, 1871 · Hardin
4 Ky. Op. 627; 1871 Ky. LEXIS 290

Commonwealth v. Story

Opinion of the Court

Opinion oe the Court by

Judge Hardin :

The Commonwealth prosecutes this appeal for the reversal of a judgment, rendered for the defendant, on the trial of an indictment, under the act of March 2, 1860, for (Myers Supplt. 517) selling whiskey to a minor without lawful authority to do so.

The indictment alleges but one offense, for which the prescribed penalty is a fine of $50, and no other punishment.

By section’342 of the Criminal Code of Practice, as rendered .March 1, 1860, the jurisdiction of this court in prosecutions for *628misdemeanors is limited to cases in which the punishment may exceed a mere fine of $50. It results, therefore, that this court has not jurisdiction- in this case.

Wherefore, the appeal is dismissed.

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