Court of Appeals of Kentucky, 1952

Shepherd v. Crase

Shepherd v. Crase
Court of Appeals of Kentucky · Decided May 9, 1952 · Cullen
248 S.W.2d 895; 1952 Ky. LEXIS 763 (South Western Reporter, Second Series)

Shepherd v. Crase

Opinion of the Court

CULLEN, Commissioner.

In a habeas corpus proceeding, the appellant, Calloway Shepherd, sought custody of a minor child. Judgment denying his petition and dismissing the proceeding was entered on March 1, 1952. The appeal was filed in this Court on April 10, 1952.

Under Section 429-1 of the Criminal Code of Practice, an appeal in a habeas corpus proceeding must be filed within 10 days after the entry of the judgment. This appeal was not filed in time, and the Court therefore does not have jurisdiction. Matthews v. Buchanan, Ky., 238 S.W.2d 1001.

Appeal dismissed.

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