Opinion
February 27, 1951.
A.J. Bratcher, Judge.
Paul Gregory was sentenced in the Circuit Court, Muhlenberg County, A.J. Bratcher, J., to prison for one year on a charge of grand larceny, and he appealed. On motion to dismiss the appeal. The Court of Appeals, Cammack, C.J., held that where no judgment appeared in the record, there was nothing from which appeal could be prosecuted.
C.A. Denny for appellant.
A.E. Funk, Attorney General and Zeb A. Stewart, Assistant Attorney General, for appellee.
Dismissing appeal.
Paul Gregory was sentenced to prison for one year on a charge of grand larceny. At the outset we are confronted with a motion to dismiss the appeal because no judgment appears in the record. As stated in Lee v. Commonwealth, 309 Ky. 771, 218 S.W.2d 945, there is nothing from which an appeal may be prosecuted when there is no judgment in the record.
Wherefore, the appeal is dismissed.