Shepherd v. Crase

Court of Appeals of Kentucky

Shepherd v. Crase

248 S.W.2d 895, 1952 Ky. LEXIS 763

DecidedMay 9, 1952

StatusPublished

This text of 248 S.W.2d 895 (Shepherd v. Crase) 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.

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Shepherd v. Crase, 248 S.W.2d 895, 1952 Ky. LEXIS 763 (Ky. Ct. App. 1952).

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Opinion

CULLEN, Commissioner.

In a habeas corpus proceeding, the appellant, Calloway Shepherd, sought custody of a minor child. Judgment denying his petition and dismissing the proceeding was entered on March 1, 1952. The appeal was filed in this Court on April 10, 1952.

Under Section 429-1 of the Criminal Code of Practice, an appeal in a habeas corpus proceeding must be filed within 10 days after the entry of the judgment. This appeal was not filed in time, and the Court therefore does not have jurisdiction. Matthews v. Buchanan, Ky., 238 S.W.2d 1001.

Appeal dismissed.

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CULLEN, Commissioner.

In a habeas corpus proceeding, the appellant, Calloway Shepherd, sought custody of a minor child. Judgment denying his petition and dismissing the proceeding was entered on March 1, 1952. The appeal was filed in this Court on April 10, 1952.

Under Section 429-1 of the Criminal Code of Practice, an appeal in a habeas corpus proceeding must be filed within 10 days after the entry of the judgment. This appeal was not filed in time, and the Court therefore does not have jurisdiction. Matthews v. Buchanan, Ky., 238 S.W.2d 1001.

Appeal dismissed.

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248 S.W.2d 895, 1952 Ky. LEXIS 763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shepherd-v-crase-kyctapp-1952.

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