Commonwealth v. Story ( 1871 )

Opinion oe the Court by

Judge Hardin :

The Commonwealth prosecutes this appeal for the reversal of a judgment, rendered for the defendant, on the trial of an indictment, under the act of March 2, 1860, for (Myers Supplt. 517) selling whiskey to a minor without lawful authority to do so.

The indictment alleges but one offense, for which the prescribed penalty is a fine of $50, and no other punishment.

By section’342 of the Criminal Code of Practice, as rendered .March 1, 1860, the jurisdiction of this court in prosecutions for misdemeanors is limited to cases in which the punishment may exceed a mere fine of $50. It results, therefore, that this court has not jurisdiction- in this case.

Wherefore, the appeal is dismissed.