Featured Chrome Extensions:

Casey IRACs are produced by an AI that analyzes the opinion’s content to construct its analysis. While we strive for accuracy, the output may not be flawless. For a complete and precise understanding, please refer to the linked opinions above.

Keywords

jurisdictionappealtrialaffidavitmotionwillfelonyoverruledappellant
jurisdictionappealwillfelonyappellant

Related Cases

Capra v. Thoroughbred Racing Ass’n of North America, Inc., 787 F.2d 463, 54 USLW 2583, 12 Media L. Rep. 2006
View Case »
Morrell v. Wiley, 119 Conn. 578, 178 A. 121
View Case »
Coffield v. Robinson, 245 W.Va. 55, 857 S.E.2d 395
View Case »
Clarke v. Oregon Health Sciences University, 343 Or. 581, 175 P.3d 418
View Case »
Bird v. Jones, 37 Ark. 195, 1881 WL 1478
View Case »
Justia Law Link
LexisNexis Link
Westlaw Link
CourtListener Link
Oyez Link

Stratton v. Commonwealth, 8 Ky.L.Rptr. 77, 84 Ky. 190, 1 S.W. 83

Facts

The appellant was indicted for willfully burning a barn and was convicted at the July term of 1885. After the conviction, a motion for a new trial was overruled, and an appeal was prayed. The bill of exceptions was filed during the same term, but the transcript of the record was not lodged in the clerk's office of the court of appeals until March 27, 1886, which raised the question of whether the appeal could be entertained.

The appellant was indicted for willfully burning a barn and was convicted at the July term of 1885.

Issue

Whether the court of appeals has the power to entertain the appeal given that the transcript of the record was not filed within the required time frame.

Whether the court of appeals has the power to entertain the appeal given that the transcript of the record was not filed within the required time frame.

Rule

A certified transcript of the record must be filed in the clerk's office of the court of appeals within 60 days after the judgment to give the court jurisdiction in a felony case.

A certified transcript of the record must be filed in the clerk's office of the court of appeals within 60 days after the judgment to give the court jurisdiction in a felony case.

Analysis

The court analyzed the requirements set forth in the Criminal Code, noting that the appellant failed to file the transcript within the stipulated 60 days. Although there was an affidavit indicating that the bill of exceptions was mislaid by the clerk, the court emphasized that the appellant could have sought an extension of time to file the transcript but did not do so.

The court analyzed the requirements set forth in the Criminal Code, noting that the appellant failed to file the transcript within the stipulated 60 days.

Conclusion

The court concluded that it could not take jurisdiction of the appeal due to the failure to comply with the filing requirements, and therefore, the appeal was dismissed.

The court concluded that it could not take jurisdiction of the appeal due to the failure to comply with the filing requirements, and therefore, the appeal was dismissed.

Who won?

The state prevailed in the case because the court found that the appellant did not meet the necessary procedural requirements to have the appeal considered.

The state prevailed in the case because the court found that the appellant did not meet the necessary procedural requirements to have the appeal considered.

You must be