Commonwealth ex rel. Breckinridge v. Noe

STEWART, Chief Justice.

The facts, which are undisputed in the record, disclose that on April 6, 1962, one Isaac Hollingsworth was convicted in the Simpson quarterly court of operating a place of entertainment without a permit in violation of KRS 231.020. He was fined $200 and sentenced to 90 days in jail, the maximum punishment that may be inflicted under this statute. Hollingsworth subsequently appealed to the Simpson Circuit Court. On April 11, 1962, there was filed in circuit court, in connection with this criminal appeal but not as an independent action, a petition for a writ of…