Kirk v. Commonwealth

170 S.W.2d 876, 294 Ky. 5, 1943 Ky. LEXIS 368

Opinion

Opinion of the Court by

Judge Rees

Dismissing appeal.

Odell Kirk was arrested under a warrant issued by the Crittenden county court .charging him with the unlawful possession of intoxicating liquor in local option territory. He entered a plea of guilty, and a judgment was rendered sentencing him to jail for 30 days and assessing a fine of $20. He appealed to the Crittenden circuit court, and the Commonwealth’s motion to dismiss the appeal on the ground that the judgment had been satisfied in part by payment of the fine and costs was sustained. The accused prayed and was granted an ap ■peal below. No motion for an appeal bas been filed in tbis court as required by section 348 of tbe Criminal Code of Practice, but even if tbe proper procedure had been followed tbis court is without jurisdiction, since tbe fine is less than $50 and tbe term of imprisonment is only 30 days. Criminal Code of Practice, section 347; Compton v. Commonwealth, 270 Ky. 51. 109 S. W. (2d) 16.

Tbe appeal is dismissed.