190 Ky. 338 | Ky. Ct. App. | 1921
Opinion of the Court by
Reversing.
The appellant filed grounds for a nCw trial upon the gr,ound that the action was tried in his absence, and that he was prevented from being present and pleading not guilty to the indictment, by unavoidable casualty, and further that the court erred to the prejudice of his substantial rights, in adjudging him to be guilty and fixing the amount of the punishment for the offense, without intervention of a jury to determine whether he was or was not guilty of the offense, and the amount of punishment to be imposed upon him. The motion for a new trial was overruled, and hence the appeal. .
The court was not in error in rendering a judgment as by default, except for the reason hereinafter stated. Section 184 Criminal Code, expressly provides that a trial for a misdemeanor may be had in the absence of the
The appeal, so far as relates to the order forfeiting the bail bond, is dismissed, as such order is not one from which an appeal may be taken.
The judgment is therefore reversed and cause remanded for proper proceedings not inconsistent with this opinion.