Legal Opinion

Mackey v. Commonwealth

Court of Appeals of Kentucky

Decided September 7, 1882PublishedCited by 9 opinions

Case 64—INDICTMENT APPEAL PROM LOGAN CIRCUIT COURT. Referred to Sparks v. The Commonwealth, 3 Bush, 116; Rutherford v. Same, 13 lb., 608; Farris v. Same, 14 lb., 362; 3 Greenleaf on Evidence, 112. Moved to dismiss the appeal upon the ground that the record was not' filed in this court within sixty days after appeal was granted.

1Opinion of the CourtChief Justice Hargis

Upon the calling of this cause, the parties announced’ themselves ready for trial, and the argument was begun and finished on the part of the counsel for appellant, when the Attorney General discovered that the transcript of the-record had not been filed within sixty days after the judgment, and thereupon moved, on that ground, to dismiss the appeal, insisting that this court has no jurisdiction of the-cause.

It is true the court, in the case of Commonwealth v. Adams, 16 B. Mon., 339, construing section 343 of the-Criminal Code of 1854, which is identical in substance with section 348 of the…

2Cases cited1 opinion

  1. Commonwealth v. AdamsCourt of Appeals of Kentucky · 1855

3Cited by9 opinions

  1. Bast v. CommonwealthCourt of Appeals of Kentucky · 1907
  2. Watkins v. CommonwealthCourt of Appeals of Kentucky · 1906
  3. Carter v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1935
  4. Wallace v. CommonwealthCourt of Appeals of Kentucky · 1915
  5. Marcum v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API