Opinion
October 11, 1949.
W.R. Gentry, Special Judge.
Habeas corpus proceeding by Harold Lee Wyatt, by mother and next friend, Sarah J. Husband against Annie Goodlett and others.
The Circuit Court, Spencer County, W.R. Gentry, Special Judge, gave judgment to Annie Goodlett and others and plaintiff appealed.
The Court of Appeals, Cammack, J., held that the appeal was not filed within ten days after entry of judgment as required in Criminal Code of Practice, sec. 429-1 and dismissed the appeal.
Wilson K. Beatty for appellant.
Thad Cheatham and J. Smith Barlow, Jr., for appellee.
Dismissing appeal.
The judgment in this habeas corpus proceeding was entered in the lower court on April 8, 1949. The appeal was filed in this Court on April 21, 1949. Section 429-1 of the Criminal Code of Practice provides that an appeal in a habeas corpus proceeding shall be filed within ten days after the entry of the judgment. The appeal was filed too late. Since the question is one of jurisdiction, the appeal must be dismissed. Board v. Hendricks, 300 Ky. 619, 189 S.W.2d 112.
Appeal dismissed.