Rudy v. Commonwealth

Decided June 9, 1868

Court of Appeals of Kentucky · decided 1868-06-09

Appeal and Error. Errors by the trial court cannot be available in the Appellate Court, unless excepted to as allowed by section 275 Criminal Code. Judgment — New Trial. The refusal of the trial court to grant a new trial on the ground that the verdict of the jury was not sustained by the evidence, is not subject to revision by the Appellate Court. By section 349 Criminal Code, “an error in granting or refusing a, new trial,” is not one which is sufficient to reverse a judgment.

Decided 1868-06-09

¶1Opinion oe the Court by

Judge Hardin :

¶2If tbe court erred in any ruling as to instructions, asked or given in this case, the error is not available in this CQurt, since such ruling -does not appear to have been excepted to, as allowed by section 275, Criminal Code, (Barnes vs. Commonwealth, 3 Met. 13.)

¶3Nor is the action of the coiirt in refusing to grant a new trial on the ground that the verdict of the jury was not sustained bj the evidence, subject to revision in this court. By section 349, Criminal Code, “an error in granting or refusing a new trial” is not one which is sufficient to reverse a judgment. (Murphy vs. Commonwealth, 1 Met. 366.)

¶4The judgment is therefore affirmed.