Bruce v. State

Dissenting Opinion

Achor, J.

I do not concur in the construction placed upon §9-721, Burns’ 1956 Repl., by the majority opinion. The statute is comprised of three sentences, each of which deals with a distinct subject-matter. The first sentence concisely states:

“Any prisoner, against whom punishment is adjudged by a justice of the peace, mayor or judge of a city court, municipal court or magistrates court, may appeal to the criminal court, and, if there be none, then to the circuit court of the county, within ten [10] days after such judgment. ...”

It seems clear to me that this provision…