Sherley v. Com.
| Decision Date | 20 January 1967 |
| Citation | 413 S.W.2d 627 |
| Parties | Betty Lou SHERLEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
John W. Coomes, New Castle, for appellant.
Robert Matthews, Atty. Gen., David Murrell, Asst. Atty. Gen., Frankfort, Lucien L. Kinsolving, Shelbyville, Bruce Hamilton, LaGrange, for appellee.
On June 1, 1966, Betty Lou Sherley was convicted of 'unlawfully possessing intoxicating beverages in dry territory, * * *'. Motion for a new trial was timely made and was overruled. Notice of appeal was given in the following form: 'The Commonwealth of Kentucky is hereby notified that the Defendant, Betty Lou Sherley, does hereby appeal to the Court of Appeals the Order entered June 3, 1966, denying her Motion for a New Trial.' The statement of appeal filed in this Court shows that this was not an appeal from the order 'denying her Motion for a New Trial' but on the contrary from 'The Judgment entered June 3, 1966 * * *'. The Commonwealth moved to dismiss the appeal for the reason that the notice of appeal did not comply with RCr 12.52(3).
The Commonwealth argues that the above rule requires a proper designation of an appealable order or judgment. It points out that the order overruling the motion for a new trial was not appealable. The statement of appeal stated that it was an appeal from a judgment rather than the denial of the motion for a new trial.
This Court has adopted a policy of requiring strict compliance with the rules of appellate practice. Rose Bowl Lanes, Inc. v. City of Louisville, et al., Ky., 373 S.W.2d 157.
We agree with the contention of the Commonwealth that in this case the order overruling the motion for a new trial was not an appealable order. Hardin v. Waddell, Ky., 316 S.W.2d 367. For these reasons the motion to dismiss the appeal is sustained and the appeal is dismissed.
To continue reading
Request your trial
-
Polsgrove v. Com.
...court to this court of a conviction of a felony. We believe our cases of Boggs v. Commonwealth, Ky., 424 S.W.2d 806; Sherley v. Commonwealth, Ky., 413 S.W.2d 627, and Patrick v. Commonwealth, Ky., 436 S.W.2d 506 (rendered January 24, 1969), clearly establish the proper procedure to effect d......
-
Patrick v. Com.
...The attempted appeal here has not been prosecuted in accordance with requirements of RCr 12.52 and must be dismissed. Sherley v. Commonwealth, Ky., 413 S.W.2d 627. We may add that the only error asserted by present counsel for appellant who did not represent her at the trial is that an erro......
-
Seay v. Com.
...his motion for a new trial. That is not an appealable order and therefore we order the attempted appeal dismissed. See Sherley v. Commonwealth, Ky., 413 S.W.2d 627. Though we are dismissing the appeal we have viewed the claimed errors and it is our conclusion that the appellant could not pr......