Hanley v. Commonwealth

• Citation: 61 S.W. 288
• Parties: HANLEY et al. v. COMMONWEALTH. [1]
• Decision Date: 28 February 1901
• Court: Kentucky Court of Appeals

61 S.W. 288

HANLEY et al. v. COMMONWEALTH. ^[1]

Court of Appeals of Kentucky.

February 28, 1901

Appeal from circuit court, Fayette county.

"Not to be officially reported."

James Hanley and others were convicted of the offense of breaking into a storehouse, and they appeal. Affirmed.

H. T. Duncan, Jr., for appellants.

R. J. Breckinridge, for the Commonwealth.

PAYNTER, C.J.

The error relied on for a reversal in this case is claimed to have been committed in passing upon the motion for a new trial. Under section 281, Cr. Code Prac., "the decisions of the court *** upon motion for a new trial shall not be subject to exceptions." This court has held that no exception can be taken to the action of the court on a motion for a new trial; hence this court cannot review the action of the court in overruling the motion for a new trial. Terrell v. Com., 76 Ky. 246; Kennedy v. Com., 77 Ky. 340; Redmon v. Com., 82 Ky. 333. The judgment is affirmed.

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Notes:

^[1] Reported by Edward W. Hines, Esq., of the Frankfort bar, and formerly state reporter.

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