Hodge v. Commonwealth

Decided June 8, 1923

Court of Appeals of Kentucky · decided 1923-06-08

<p>Criminal Law — Court of Appeals has no Jurisdiction, where Judgment Imposed $50.00 Fine and 30 Days’ Imprisonment. — Under Criminal Code of Practice, section 347, authorizing an appeal, where the judgment imposes a fine in excess of $50.00 or imprisonment for more than 30 days, the Court of Appeals must dismiss an appeal where the judgment imposed a fine of $50.00 and 30 days’ imprisonment in jail.</p>

Cited by 3 later decisions — most recently September 1944

3 state decisions

Relies on Deskins v. Childers · Fields v. Commonwealth

Good law ✅— No negative treatment on recordhow we know

Decided 1923-06-08

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¶1Opinion of the Court by

Chief Justice Sampson

¶2Dismisiug the appeal.

¶3The judgment from which appellant Hodge attempts to appeal is one imposing a fine of fifty ($50.00) dollars and thirty (30) days in jail for transporting liquor.

¶4Under the provisions of section 347, Criminal Code, we cannot entertain an appeal where the judgment does not exceed a fine of fifty dollars or a jail sentence of thirty days, nor where the judgment, as in this case, fixes the punishment at a fine of fifty ($50.00) dollars and thirty days in jail. This court is without jurisdiction. Fields v. Commonwealth, 199 Ky. 144; Deskins v. Childers, 195 Ky. 209.

¶5Appeal dismissed.