Holcomb v. Commonwealth

Opinion of the Court by

Judge Passing

Dismissing the appeal.

A. B. Holcomb was indicted by the grand jury of Perry County for the offense of assault with deadly weapon, a misdemeanor. He was tried, found guilty, and his punishment fixed at a fine of $50.00 and confinement in the county jail for ten days. He appeals.

The attorney for the Commonwealth moves to dismiss the appeal, because this court has no jurisdiction to hear it. The right of appeal in misdemeanor cases is regulated by section 347 of the Criminal Code of Practice, which is as follows;

“The Court of Appeals shall have appellate…