Johnson v. Commonwealth
Court of Appeals of Kentucky
Case 72 — INDICTMENT APPEAL PROM BELL CIRCUIT COURT. 1. The court failed to render any judgment in this case. The minutes of the clerk fail to show any definite orders of the court. Every thing is left to the clerk. 2. There is nothing of record to show that appellant has been convicted of any offense, and yet he is in the penitentiary. The record in this case is not one upon which a reversal can be had-The appeal should either be dismissed or the case affirmed.
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Case 72 — INDICTMENT APPEAL PROM BELL CIRCUIT COURT. 1. The court failed to render any judgment in this case. The minutes of the clerk fail to show any definite orders of the court. Every thing is left to the clerk. 2. There is nothing of record to show that appellant has been convicted of any offense, and yet he is in the penitentiary. The record in this case is not one upon which a reversal can be had-The appeal should either be dismissed or the case affirmed. No judgment is copied into the record. There is no bill of exceptions, showing the evidence. The instructions are correctly given.
1Opinion of the CourtChief Justice Hargis
The appellant was indicted and tried for the crime of murder. A verdict of guilty, and fixing his punishment at confinement in the penitentiary for life, was found against, him. He was orally sentenced by the court, but the verdict, and judgment were not spread upon the order-book. At the: time the judgment was rendered the following entry was; made on the minute-book, viz:
‘ ‘ Commonwealth
vs.
Written order or judgment. ”
“ George Johnson.
The minute-book was signed by the judge, and the court'adjourned without the orders, of the last day of the term, which were entered on the order-book., being…
2Cited by20 opinions
- Interstate Petroleum Co. v. FarrisCourt of Appeals of Kentucky · 1914
- Ewell v. JacksonCourt of Appeals of Kentucky · 1908
- Ralls v. Sharp's Adm'rCourt of Appeals of Kentucky · 1910
- Farris v. MatthewsCourt of Appeals of Kentucky · 1912
- State v. KingSupreme Court of Missouri · 1955
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