Burns v. Commonwealth

DUNN, Judge.

Discretionary review of this Jefferson District Court case was granted upon appellant’s petition complaining of the order of the Jefferson Circuit Court affirming on appeal the final judgment of the Jefferson District Court finding the appellant, Gerald Burns, guilty in absentia of the crimes of theft by unlawful taking of property valued under $100 and resisting arrest. His punishment was fixed on both charges at a fine of $100.00 and at 90 days in jail plus court costs.

His first ground on appeal is that the trial court in trying him in his absence deprived him of his…