Perry v. Commonwealth

Court of Appeals of Kentucky

Perry v. Commonwealth

383 S.W.2d 689

CourtCourt of Appeals of Kentucky

DecidedOctober 30, 1964

StatusPublished

Cited by1 cases

This text of 383 S.W.2d 689 (Perry 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

Perry v. Commonwealth, 383 S.W.2d 689 (Ky. Ct. App. 1964).

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Opinion

CLAY, Commissioner.

This is a proceeding; under RCr. 11.42. A final order overruling appellant’s motion was entered on May 23, 1964. A notice of appeal was not filed until 12 days later. Under RCr. 12.54 an appeal must be taken within 10 days after the entry of the judgment or order appealed from. The appellant having failed to comply with this Rule, the appeal cannot be entertained.

We may observe in passing that appellant had a full hearing on his motion and his rights were carefully considered by the trial court.

The appeal is dismissed.

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CLAY, Commissioner.

This is a proceeding; under RCr. 11.42. A final order overruling appellant’s motion was entered on May 23, 1964. A notice of appeal was not filed until 12 days later. Under RCr. 12.54 an appeal must be taken within 10 days after the entry of the judgment or order appealed from. The appellant having failed to comply with this Rule, the appeal cannot be entertained.

We may observe in passing that appellant had a full hearing on his motion and his rights were carefully considered by the trial court.

The appeal is dismissed.

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Bluebook (online)

383 S.W.2d 689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-commonwealth-kyctapp-1964.

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