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Williams v. Commonwealth

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eBook details

  • Title: Williams v. Commonwealth
  • Author : Court Of Appeals Of Kentucky
  • Release Date : January 16, 1948
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 52 KB

Description

THOMAS, Justice. On April 7, 1947, T. J. Taylor, Police Judge of the city of Liberty, Kentucky, issued a warrant for the arrest of the appellant, R. D. Williams, in which he was charged with driving an automobile on State Highway No. 70 in the town of Liberty while drunk. On the same day appellant appeared before the city judge and entered a plea of guilty to the charge made in the warrant, whereupon he was fined the sum of $100 and costs. On April 10, three days after the police court judgment was rendered, he prosecuted an appeal to the Casey circuit court. At the following term of that court the Commonwealth's Attorney moved to dismiss the appeal which the court overruled when defendant entered a plea of not guilty. A trial was then had in which the jury failed to agree, and it was discharged. The Commonwealth's Attorney then renewed his motion to dismiss the appeal which the court sustained and dismissed appellant's appeal. In due time he filed a transcript of the record in this court with a motion for an appeal which motion is now sustained, and the appeal is granted. It therefore is made to appear that the presiding judge of the Casey circuit court sustained the Commonwealth's motion to dismiss the appeal upon the ground that the appellant had entered a plea of guilty in the police court of the city of Liberty, and that he gave a check for the amount of the fine, but which we conclude was and is clearly and unmistakably erroneous.


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