Commonwealth v. Devine

PALMGRE, Judge.

The appellee, Devine, having been fined $100 and costs in the Jefferson Quarterly Court on each of two charges of violating the game laws, appealed the convictions to the Jefferson Circuit Court (KRS 23.032), where the cases were jointly tried anew (KRS 25.070) and resulted in a directed verdict and judgment of acquittal based on the insufficiency of the evidence to warrant a conviction on either charge. The Commonwealth appeals, seeking a reversal and new trial. KRS 21.140(3). Devine has failed to respond.

Before reaching the merits it is necessary to consider whether this…