Kirk v. Commonwealth

170 S.W.2d 877, 294 Ky. 6, 1943 Ky. LEXIS 370

• Court: Court of Appeals of Kentucky (pre-1976)
• Decided: April 20, 1943
• Status: Published

Opinion

Opinion op the Court by

Judge Rees

Dismissing appeal.

Appellant was convicted in tbe Crittenden county court on bis plea of guilty under a warrant charging him with tbe offense of operating a motor vehicle while intoxicated, and was fined $100. He appealed to tbe Crittenden circuit court and tbis attempted appeal is from tbe judgment of tbe circuit court dismissing bis appeal from tbe county court. He prayed and was granted an appeal in tbe circuit court. That court was without authority to grant an appeal as a matter of right.

On tbe authority of Wells v. Commonwealth, 288 Ky. 429, 156 S. W. (2d) 497, Adams v. Commonwealth, 285 Ky. 803, 149 S. W. (2d) 727, and Elkin v. Commonwealth, 269 Ky. 6, 106 S. W. (2d) 83, tbe appeal is dismissed.