Robinson v. Commonwealth

Court of Appeals of Kentucky

Robinson v. Commonwealth

306 S.W.2d 309

DecidedOctober 25, 1957

StatusPublished

This text of 306 S.W.2d 309 (Robinson 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

Robinson v. Commonwealth, 306 S.W.2d 309 (Ky. Ct. App. 1957).

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Opinion

CULLEN, Commissioner.

Haynes E. Robinson, who is confined in the state penitentiary under a five-year sentence for robbery imposed by a judgment of the Jefferson Circuit Court on April 2, 1956, purports to appeal from an alleged order of the same court, on January 7, 1957, overruling a motion by him to vacate the judgment of April 2, 1956. The Commonwealth has moved to dismiss the appeal.

The record filed by Robinson does not include the order from which he purports to appeal, nor the motion which the order allegedly overruled. In fact, the record does not show anything concerning any proceedings in any court after the entry of the judgment of conviction on April 2, 1956. We have only Robinson’s statement as to what allegedly transpired.

Obviously, Robinson has not even approximated the perfection of an appeal.

The appeal is dismissed.

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CULLEN, Commissioner.

Haynes E. Robinson, who is confined in the state penitentiary under a five-year sentence for robbery imposed by a judgment of the Jefferson Circuit Court on April 2, 1956, purports to appeal from an alleged order of the same court, on January 7, 1957, overruling a motion by him to vacate the judgment of April 2, 1956. The Commonwealth has moved to dismiss the appeal.

The record filed by Robinson does not include the order from which he purports to appeal, nor the motion which the order allegedly overruled. In fact, the record does not show anything concerning any proceedings in any court after the entry of the judgment of conviction on April 2, 1956. We have only Robinson’s statement as to what allegedly transpired.

Obviously, Robinson has not even approximated the perfection of an appeal.

The appeal is dismissed.

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Bluebook (online)

306 S.W.2d 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-commonwealth-kyctapp-1957.