Commonwealth v. McCready
Court of Appeals of Kentucky
CASE 3 — INDICTMENT— ArrEAL FROM FRANKLIN CIRCUIT COURT. cited Rev. Stat., sections 2 and 5, art. 21, page 270-1. cited Grim. Code, sections 343, 345; 16 B. Mon., 339; Rev. Stat., 270, art. 21, sections 1 and 2; Grim. Code, sec. 126; lb., sub-div. 3 of sec. 164; lb., sec. 168; Brcnham vs. Freeman, 17 B. Mon., 607; Criminal Code, sec. 333; lb., sections 1-4; lb., sec. 267; Cluskee vs. Commonwealth, MS. opin. Dec., 1856.
1Opinion of the CourtChief Justice Simpson
delivered the otinion op the court :
This was a prosecution for a misdemeanor, in which a verdict and judgment having been rendered for the defendant, the attorney for the Commonwealth prayed an appeal.
*377The record not having been lodged in the clerk’s office of this court within sixty days after the judgment, the question arises, can the appeal be maintained ?
By the provisions of the Criminal Code the appeal in such a case must be prayed during the term at which the judgment was rendered; and shall be granted upon the condition that the record is lodged in the clerk’s office of the court of…
2Cases cited1 opinion
- Commonwealth v. AdamsCourt of Appeals of Kentucky · 1855
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