Commonwealth v. Jefferson
Court of Appeals of Kentucky
Error to the' Trigg -Circuit.- Indictment. Case 64. Prior to 1841 this Court had no jurisdiction to revise the decisions of the Circuit Court in prosecutions for misdemeano rs, unless in cases where fine is the only punishment. By the statute of 1841, an appeal ot writ of error is allowed to defendants but not to the Commonwealth.
1Opinion of the Court
Judge Bkeok
delivered the opinion of the Court
It was held in Duncan vs The Commonwealth, (6 Dana, 295,) that this Court had no ievisory jurisdiction over a prosecution for an affray, upon the ground- that a part of the punishment for the offence was imprisonment. The punishment, at that .time, both at common law and by statute, was fine and imprisonment. Since that time the Legislature has-placed it in the discretion'of the-jury to award either fine or imprisonment, or both, as the punishment for an affray;'(3 Stat. Laws, 520.) That act, however, does not'make the offence exclusively penal,…
2Cases cited1 opinion
- Duncan v. CommonwealthCourt of Appeals of Kentucky · 1838