Stratton v. Commonwealth
Court of Appeals of Kentucky
Case 26 — INDICTMENT—June APPEAL PROM LOSAN CIRCUIT COURT. The failure to file the transcript in a felony case within sixty days does-not work an absolute forfeiture of tbe right to appeal; and certainly where the failure to file the transcript was due to the fact that the record was lost, the court should, after the expiration of sixty days, allow the transcript to he filed nunc pro tunc.
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Case 26 — INDICTMENT—June APPEAL PROM LOSAN CIRCUIT COURT. The failure to file the transcript in a felony case within sixty days does-not work an absolute forfeiture of tbe right to appeal; and certainly where the failure to file the transcript was due to the fact that the record was lost, the court should, after the expiration of sixty days, allow the transcript to he filed nunc pro tunc. (Civil Code, section-336, subsections 2 and 3.) As the failure to file the transcript within the time prescribed was not, due to the fault of the appellant or his attorney, no objection is now made to tbe…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
Under an indictment for willfully burning a barn appellant was, at the July term, 1885, of the court,, tried and convicted. And the motion for a new trial being overruled, an appeal was prayed, and by an order of court his bill of exceptions, duly signed, was, during the same term, filed and made part of the record. But the transcript of the record- in the-case Was not lodged in the clerk’s office of the Court of Appeals until March 27, 1886. And the question is thus presented, whether, under the Criminal Code, we have the power to now entertain…
2Cited by9 opinions
- Adkins v. CommonwealthCourt of Appeals of Kentucky · 1897
- Smith v. CommonwealthCourt of Appeals of Kentucky · 1912
- Bass v. CommonwealthCourt of Appeals of Kentucky · 1923
- Gray v. CommonwealthCourt of Appeals of Kentucky · 1902
- Berge v. CommonwealthCourt of Appeals of Kentucky · 1914
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