Crabtree v. Commonwealth

Court of Appeals of Kentucky

Crabtree v. Commonwealth

266 S.W. 251, 205 Ky. 580, 1924 Ky. LEXIS 190

DecidedNovember 18, 1924

StatusPublished

This text of 266 S.W. 251 (Crabtree v. Commonwealth) 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

Crabtree v. Commonwealth, 266 S.W. 251, 205 Ky. 580, 1924 Ky. LEXIS 190 (Ky. Ct. App. 1924).

Pincite

Opinion

Opinion of the Court by

Judge McCandless

Dismissing.

W. E. Crabtree appeals from a judgment, inflicting a fine of $300.00 and 60 days’ imprisonment in the county jail for a violation of the prohibition law.

A motion has been made to dismiss the appeal for the reason that the transcript of the record was not filed in the office of the clerk of this court within sixty days after the order overruling the motion for a new trial was entered in the lower court.

The record discloses that, the motion for a new trial was overruled on the 5th day of May, 1924, and that the transcript of the record was filed in the office of the clerk of this court on the 8th day of July, 1924.

It thus appears that sixty-four days had elapsed between those dates. The time provided for this purpose is sixty days, and we have held that provision to be mandatory. Section 348 of the Criminal Code; Bass v. Com., 200 Ky. 230.

Wherefore the appeal is dismissed.

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