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Court of Appeals of Kentucky (pre-1976), 1944

Oaks v. Commonwealth

Oaks v. Commonwealth
Court of Appeals of Kentucky (pre-1976) · Decided September 29, 1944 · Fulton
182 S.W.2d 657; 298 Ky. 225; 1944 Ky. LEXIS 876 (South Western Reporter, Second Series)

Counsel

Henry L. Rudd and Leebern Allen for appellants., Eldon S. Dummit, Attorney General, and M. J. Sternberg, Assistant Attorney General, for appellee.

Oaks v. Commonwealth

Opinion of the Court

Opinion op the Court by

Chief Justice Fulton

Dismissing Appeal.

The punishment of the appellants was fixed at a fine of forty dollars and imprisonment for thirty days upon their conviction for violation of the local option law. They have made a motion for an appeal.

This court is without jurisdiction of an appeal in a misdemeanor case where the fine is less than fifty dollars or where the imprisonment does not exceed thirty days. Criminal Code of Practice, sec. 347; Hodge v. Com., 200 Ky. 125, 252 S. W. 576; Compton v. Com., 270 Ky. 51, 109 S. W. 2d 16; Murphy v. Com., 275 Ky. 318, 121 S. W. 2d 704.

The appeal is dismissed.

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