BOGGS v. COMMONWEALTH


424 S.W.2d 806 (1966)

Luther BOGGS et al., Appellants, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied March 29, 1968.


Attorney(s) appearing for the Case

John Y. Brown, Sr., Lexington, for appellants.

Robert F. Matthews, Atty. Gen., H. N. McTyeire, Asst. Atty. Gen., J. Douglas Graham, Commonwealth Atty., Campton, for appellee.


MOREMEN, Judge.

Appellants, Luther Boggs and Clarence Southwood, along with Willie Hounshell, who has since died, were convicted of the offense of voluntary manslaughter and were sentenced to ten years in prison.

We are faced with the initial question as to whether this appeal is properly before the court. Timely motion was made to dismiss the appeal because of failure to comply with RCr 12.54 which reads:

"The time within which an appeal may be taken...

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