Court of Appeals of Kentucky (pre-1976), 1949

Wyatt v. Goodlett

Court of Appeals of Kentucky (pre-1976) · Decided October 11, 1949 · Cammack

227 S.W.2d 406; 311 Ky. 583; 1949 Ky. LEXIS 1262 (South Western Reporter, Second Series)

Counsel

Wilson K. Beatty for appellant. Thad Cheatham and J. Smith Barlow, Jr., for appellee.

Opinion of the Court

Judge Cammack

Dismissing appeal.

The judgment in this habeas corpus proceeding was entered in the lower court on April 8, 1949. The appeal was filed in this Court on April 21, 1949. Section 429-1 of the Criminal Code of Practice provides that an appeal in a habeas corpus proceeding shall be filed within ten days after the entry of the judgment. The appeal was filed too late. Since the question is one of jurisdiction, the appeal must be dismissed. Board v. Hendricks, 300 Ky. 619, 189 S. W. 2d 112.

Appeal dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.