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Cobb v. Commonwealth

Court of Appeals of Kentucky
Apr 19, 1929
228 Ky. 855 (Ky. Ct. App. 1929)

Summary

In Cobb, we held that the filing of a motion to set aside the judgment and grant a new trial would toll the running of time within which to tender a bill of exceptions as a prerequisite to filing a petition for appeal.

Summary of this case from In Re: Dept. of Corrections

Opinion

Decided April 19, 1929.

Motion for an appeal from Circuit Court, Mercer County.

Bacon R. Moore for movant.

J.W. Cammack, Atty. Gen., and Geo. H. Mitchell, Asst. Atty. Gen., for the Commonwealth.


Judgment of conviction for violation of the prohibition law, imposing a fine of $100 and 30 days in jail.

Appeal dismissed, on the authority of Childers v. Ratliff, 164 Ky. 123, 175 S.W. 25, and section 348 of the Criminal Code.


Summaries of

Cobb v. Commonwealth

Court of Appeals of Kentucky
Apr 19, 1929
228 Ky. 855 (Ky. Ct. App. 1929)

In Cobb, we held that the filing of a motion to set aside the judgment and grant a new trial would toll the running of time within which to tender a bill of exceptions as a prerequisite to filing a petition for appeal.

Summary of this case from In Re: Dept. of Corrections

In Cobb v. Commonwealth, 152 Va. 941, 146 S.E. 270 (1929), we held that where the record showed that a motion to set aside or vacate a judgment of conviction had been made and taken under consideration by the trial court before the judgment had become final, the time for perfecting an appeal ran from the date on which such motion was disposed of. (152 Va. at 946, 947, 146 S.E. at 271, 272.)

Summary of this case from Lyle and Allen v. Ekleberry
Case details for

Cobb v. Commonwealth

Case Details

Full title:COBB v. COMMONWEALTH

Court:Court of Appeals of Kentucky

Date published: Apr 19, 1929

Citations

228 Ky. 855 (Ky. Ct. App. 1929)
15 S.W.2d 1115

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