|Brown v. Commonwealth|
|335 S.W.2d 328|
|May 6, 1960.|
|ACTION: Motion overruled.|
Prosecution for illegal possession of alcoholic beverages in a dry territory for purposes of sale tried in the Circuit Court, Knox County, Sampson B. Knuckles, J. On defendant's motion for appeal, the Court of Appeals, Palmore, J., held that unsigned entry by court that jury was sworn and after hearing all of evidence and instructions jury retired and returned a verdict finding defendant guilty did not constitute a judgment and Court of Appeals did not have jurisdiction to entertain appeal by defendant.
Appellant was indicted and tried for illegal possession of alcoholic beverages in a dry territory for purposes of sale. He was found guilty by a jury, which fixed his punishment at a fine of $100 and 60 days in jail. The action of the trial court from which he moves for an appeal is styled a 'judgment' and reads as follows:
'This case came on for trial on today and both sides announced ready and came the following jury: [names of jurors].
'Each of who were sworn and qualified and having been accepted by both parties the defendant entered a plea of not guilty, whereupon the jury was sworn to well and truly try the issue and a true verdict render and after hearing all the evidence offered and the instructions of the Court the jury was given the written instructions of the Court and retired to their room for deliberation and afterwards returned into open court the following verdict:
"We the Jury do agree and find the defendant guilty Eli Brown, Jr., and fix his punishment at a fine of $100 and 60 days in jail.' '(s) Rachel Vermillion Foreman.'
The record does not show this entry as having been signed by the court. Moreover, it does not purport to enter judgment upon a verdict, as is clearly required by the context of Criminal Code of Practice.
As we are of the opinion that no judgment has been entered in the case this court does not have jurisdiction to entertain an appeal.
Motion for appeal overruled.
BROWN v. COMMONWEALTH
335 S.W.2d 328
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