Louisville & Nashville R. v. Commonwealth

Opinion by

Judge Peters :

This is an indictment for a misdemeanor. Appellant’s motion for a new trial was overruled on the 19th of August, 1874, and a final judgment rendered against it the same day, and an appeal granted to this court; but a copy of the record wlas not lodged with the clerk of this court till the 8th of December, 1874; and a motion is now made by the attorney-general to dismiss the appeal, because the record was not lodged with the clerk within the time prescribed by law.

Sec. 343, Criminal Code, provides that the appeal should be prayed during the term at which the judgment…