Commonwealth v. Neat
Court of Appeals of Kentucky
Case 38 — APPEAL PROM TAYLOR CIRCUIT COURT. 1. The Commonwealth was entitled to a judgment by default. (Commonwealth v. Cheek, 1 Duv., 26.) 2. The act of April 10, 1878, authorizing a jury to provide for punishishment at hard labor for the failure to pay a fine is not a discrimination against the poor, and violates no provision of the Constitution.
1Opinion of the Court
JUDGU HOLT
DELIVERED THE OPINION OP THE COURT.
A misdemeanor may be tried in the absence of the accused. (Criminal Code, section 184.) * Any plea, save that of “guilty,” may be entered by his counsel, and his defense conducted without his presence. (Johnson v. Commonwealth, 1 Duvall, 244.) It is only upon an indictment for a felony that an arraignment must be *242had or dispensed with by his consent. (Code, section-155.) Upon the call of an indictment for a misdemeanor for trial, he must either move to set it aside' or plead to it. (Code, section 157.) If he fail to do-so, then section 171 of the…
2Cited by3 opinions
- Bates v. CommonwealthCourt of Appeals of Kentucky · 1921
- State v. PoynterIdaho Supreme Court · 1921
- Williams v. CommonwealthCourt of Appeals of Kentucky · 1924