195 Ky. 209 | Ky. Ct. App. | 1922
Opinion op the 'Court by
Dismissing.
The plaintiff, Tlmxman Deskins, was tried and convicted in tlie circuit court of Pike county for an alleged violation of the prohibition law, enacted at tbe legislative session of 1920. He was found guilty and bis punishment fixed at a period of thirty days’ imprisonment and to pay a fine of $50.00, and it was so adjudged by the court. The court, also, ordered that he execute a bond to the Commonwealth of Kentucky in the penal sum of $2,500.00, conditioned that he wouid be of good behavior and would not violate any law of the state relating to the manufacture, sale, transportation or possession of intoxicating liquors for the period of one year, or in default of the execution of such bond that he should he iucarcer
As said in King v. Comwth. 153 Ky. 404, the jurisdiction of this court is a matter for its own determination, and ordinarily an appeal is a matter of right which a circuit court can not deny to a litigant, but, it would be a mere useless exercise of form to require a circuit court to make an order granting to a litigant an appeal to this court, of a controversy, of which this court has not and would not entertain jurisdiction. One, against whom a judgment is rendered in a circuit court upon a conviction for a misdemeanor has no right to appeal from the judgment to this court, unless the punishment imposed by the judgment exceeds a fine of fifty dollars or imprisonment for a term exceeding thirty days. Section 347, Criminal Code; Anderson v. Comwth., 14 Bush 171;. Comwth v. Williams, 27 E. 695; Noe v. Comwth., 134 Ky. 618; Conley v. Comwth., 141 Ky. 730; King v. Comwth., supra. If the judgment is for any punishment for the offense in excess of a fine of $50.00, or thirty days’ imprisonment, the litigant is entitled to appeal to this court as a matter of right, and it becomes the duty of the circuit court, when requested, to cause an order to be entered granting the appeal. Hence, the question before us is whether the order requiring the plaintiff to execute a bond to the Commonwealth in the sum of $2,500.00, conditioned that he will keep the peace toward all persons, and .not violate any of the laws relating to intoxicating liquors for a
The petition is therefore dismissed.