Ex parte Herrick
Court of Appeals of Kentucky
Case 6—MOTION APPEAL FROM JEFFERSON CIRCUIT COURT. 1. Witnesses in felony cases summoned by the State are paid out of the ' ■ Treasury. (Gen. Stat., sec. i, art. 16, chap. 41; Ibid, sec. 6, art. 2, chap. 16; 1 Littell’s Laws Iiy., 472; Ibid, 470; 3 Litt. Laws Ky., 40; Constitution, sec. —, art. 4; Register v. Ried, 9 Bush, 103-6; Cosby’s Con.
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Case 6—MOTION APPEAL FROM JEFFERSON CIRCUIT COURT. 1. Witnesses in felony cases summoned by the State are paid out of the ' ■ Treasury. (Gen. Stat., sec. i, art. 16, chap. 41; Ibid, sec. 6, art. 2, chap. 16; 1 Littell’s Laws Iiy., 472; Ibid, 470; 3 Litt. Laws Ky., 40; Constitution, sec. —, art. 4; Register v. Ried, 9 Bush, 103-6; Cosby’s Con. Lim., 67, 71, 52; Sedgwick’s Con. and Stat. Law, 251; Broaddus v. Broaddus, 10 Bush, 308; Gen. Stat., 615, 464; Ibid, 536; Ibid, 138; Ibid. 192; Rev. Stat., vol. X, chap. 16.) 2. Policemen of the city of Louisville summoned as witnesses are paid as other…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
George E. Herrick, a policeman of the city of Louisville, having attended in the city court one day as a witness on behalf of the Commonwealth in. a prosecution for felony, presented to the Jefferson Circuit Court his certificate of attendance, moved for an allowance and certification to the Auditor for payment. The motion was overruled, and an appeal taken to this Court.
The first question presented is, has this Coui't jurisdiction of such an appeal?
The first and second sections of article 22, chapter 28, of the General Statutes provide that “the…
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