Smith v. Commonwealth

OPINION of the Court by

Judge Settle

Dismissing.

Tbe appellant was tried and convicted in tbe court below under an indictment charging bim with tbe crime of burglary. He filed a motion and grounds for a new trial, but tbe motion was overruled, following wbicb, sentence was pronounced and judgment entered by tbe *752court, fixing his punishment at confinement in the pen-itenitary not less than two, nor more than ten years.

An appeal was then prayed and granted of record and an order entered staying the execution of the judgment sixty days, that the appeal might be perfected.

The Commonwealth has.…