141 Ky. 459 | Ky. Ct. App. | 1911
Opinion op the Court by
Dismissing.
The Commonwealth appeals from a judgment of the lower court dismissing the following indictment:
‘£ The grand jury of Carter county, in the name and by the authority of the Commonwealth of Kentucky, ac
“Against the peace and dignity of the Commonwealth of Kentucky.”
There is no pretense that this indictment is good under section 3748, KentuckvStatutes, Nor is there any charge of willful neglect. Bv. the statutes, under the head of the assessment of property, several penalties are named which are to be applied to assessors who fail to do the things particularized therein, but the indictment under consideration does not charge any of the thiua-s described in the section referred to.
The Commonwealth contends that the indictment is good under section 4076*, which prescribes that:
“The assessor shall, for any failure of his duty under this law, where no other penalty is provided, be fined in any sum not less than twenty-five dollars nor more than fifty dollars.”
Even conceding that the indictment is good under this section, which we do not decide,' we have no jurisdiction of the appeal because the highest penalty named therein is $50.00.
Therefore, the appeal is dismissed.