Legal Opinion

Noe v. Commonwealth

Court of Appeals of Kentucky

Decided September 23, 1909PublishedCited by 11 opinions

CASE 77. — PROSECUTION BY THE COMMONWEALTH AGAINST PEARL NOE FOR VIOLATING LOCAL OPTION LAW. — Appeal from Harlan Circuit Court. Defendant convicted and appeals.' —

1Opinion of the Court

Opinion of the court by

Judge Barker

— Dismissing.

The appellant, Pearl Noe, was indicted, tried and found guilty of violating the local option law in Harlan county, Ky., and his punishment fixed at a fine of $50 and 10 days’s imprisonment.

We do not find it necessary to consider the merits of this appeal, as we are clearly without jurisdiction to entertain it. Section 347 of the Criminal Code of Practice, in so far as applicable to the matter before us, is as follows:

*619“The Court of Appeals shall have appellate jurisdiction in penal actions and prosecutions for misdemeanors, in the following cases…

2Cases cited1 opinion

  1. Anderson v. CommonwealthCourt of Appeals of Kentucky · 1878

3Cited by11 opinions

  1. L. & N. R. R. v. Gardner's Adm'rCourt of Appeals of Kentucky · 1910
  2. Illinois Central Railroad v. McGuire's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1931
  3. Moore v. BotheCourt of Appeals of Kentucky · 1972
  4. Deskins v. ChildersCourt of Appeals of Kentucky · 1922
  5. Conley v. CommonwealthCourt of Appeals of Kentucky · 1911

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