Legal Opinion

Holtman v. Commonwealth

Court of Appeals of Kentucky

Decided October 9, 1908PublishedCited by 11 opinions

CASE 81. — PROSECUTION AGAINST LOUISE B. HOLTMAN FOR BREACH OF THE PEACE. — October 9. Appeal from Jefferson Circuit Court (Criminal Branch). Joseph Pryor, Judge. Appellant was convicted in a justice’s court, and appealed to the Circuit Court, which dismissed her appeal, from which order she appeals. — We contend that this case should he reversed because: 1. One may appeal from an erroneous judgment no matter what the plea.

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CASE 81. — PROSECUTION AGAINST LOUISE B. HOLTMAN FOR BREACH OF THE PEACE. — October 9. Appeal from Jefferson Circuit Court (Criminal Branch). Joseph Pryor, Judge. Appellant was convicted in a justice’s court, and appealed to the Circuit Court, which dismissed her appeal, from which order she appeals. — We contend that this case should he reversed because: 1. One may appeal from an erroneous judgment no matter what the plea. One does not appeal from the plea hut from the judgment. 2. The right to appeal is purely statutory. The Code allows an appeal from a judgment if it he “for imprisonment…

1Opinion of the Court

Opinion op the Court by

Judge Settle —

Reversing.

Appellant appears to have been arrested under a warrant from the court of Ed Meglemery, a justice of the peace for Jefferson county, charging her with a breach of the peace. The trial took place in the justice’s court without the intervention of a jury, and, upon her plea of guilty, that court rendered a judgment of conviction whereby her punishment was fixed at a fine of $100 and 50 days imprisonment in jail. The judgment recites that its execution would be suspended 10 days “upon the request and motion of the defendant. ” Below the judgment are…

2Cases cited3 opinions

  1. Cornelison v. CommonwealthCourt of Appeals of Kentucky · 1886
  2. Franke v. Paducah Water Supply Co.Court of Appeals of Kentucky · 1889
  3. Mounts v. CommonwealthCourt of Appeals of Kentucky · 1889

3Cited by11 opinions

  1. Brown v. HoblitzellCourt of Appeals of Kentucky (pre-1976) · 1957
  2. Kidd v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934
  3. Ex Parte JonesCourt of Criminal Appeals of Texas · 1935
  4. Johnson v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1934
  5. State v. StevensNew York Court of General Session of the Peace · 1927

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