Commonwealth v. Story

Court of Appeals of Kentucky

Commonwealth v. Story

4 Ky. Op. 627, 1871 Ky. LEXIS 290

DecidedDecember 9, 1871

StatusPublished

This text of 4 Ky. Op. 627 (Commonwealth v. Story) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Story, 4 Ky. Op. 627, 1871 Ky. LEXIS 290 (Ky. Ct. App. 1871).

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Opinion

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 [628]*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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