Commonwealth v. Hail, Laurel, 1902

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COMMONWEALTH v. HAIL.

COURT OF APPEALS OF KENTUCKY

68 S.W. 848; 1902 Ky. LEXIS 473; 24 Ky. L. Rptr. 446

June 10, 1902, Decided

PRIOR HISTORY:  [**1]
Appeal from circuit court, Laurel county.
An indictment against R. G. Hail was dismissed, and the commonwealth appeals.

DISPOSITION: Dismissed.

COUNSEL: Clifton J. Pratt and J. N. Sharp, for the Commonwealth.

Denton & Robertson, for appellee.

JUDGES: GUFFY, C. J.

OPINION BY: GUFFY

OPINION

 [*849]  GUFFY, C. J. This is an appeal from the Laurel circuit court, on what is assumed to be a record from that court. An indictment seems to be copied as part of the record upon which the appeal is based. The appellee, however, has moved to dismiss the appeal for the reason that there is no record certified by the clerk of the circuit court. In order for an appeal to be prosecuted, there must be a legal record or transcript from the court below filed in this court; and although there is an indictment and demurrer, and a judgment thereon, printed and returned to this court, and an appeal seems to have been recognized by the clerk of this court, yet the fact remains that there is no certificate from the clerk of the Laurel circuit court certifying that the paper filed, purporting to be a record, is a record of what transpired in the Laurel circuit court.

It  [**2] therefore follows that the motion of the appellee must be sustained, and the appeal is therefore dismissed.