95 S.W.2d 1118 | Ky. Ct. App. | 1936
Dismissing Appeal.
By verdict and judgment of the McCracken circuit court, M.E. Gilbert has been convicted of the offense of obstructing justice, and his punishment fixed at a fine of $75. He is asking for a review by way of appeal attempted to be granted by the lower court, and without complying with section 348 of the Criminal Code of Practice, which prescribes the mode of procedure in cases of this character. That section in so far as pertinent provides in substance that in misdemeanor cases of which this court has jurisdiction as provided in previous sections, either party desiring a *155 review of the judgment shall file the record of proceedings in the lower court with the clerk of this court within 60 days after motion for new trial has been acted upon, or within 60 days after bill of exceptions is approved and made part of the record; and at the same time shall file a motion for an appeal from the judgment. The practice under section 348, supra, is the same as that prescribed in civil cases under section 950-3, Kentucky Statutes, where the amount in controversy, exclusive of interest and cost, is as much as $200 and less than $500.
In Childers et al. v. Ratliff et al.,