Kentucky Revised Statutes
Ky. Rev. Stat. § 23.032 (2026)
Repealed, 1978
✓ current as of May 2026
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Catchline at repeal: Appeal from fine or imprisonment -- Appeals by city. History: Repealed 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 491, effective January 2, 1978. -- Amended 1964 Ky. Acts ch. 72, sec. 2. -- Created 1962 Ky. Acts ch. 234, sec. 2.
Notes of Decisions
Cited in 9
cases, 1963–1979 · leading case: Colten v. Kentucky, 407 U.S. 104 (1972).
Colten v. Kentucky, 407 U.S. 104 (1972). “Ky. Rev. Stat. § 23.032 (Supp. 1968). However, a defendant convicted after a trial or plea in an inferior court may not seek ordinary appellate review of the inferior court's ruling.”
North v. Russell, 427 U.S. 328 (1976). “Ky. Rev. Stat. Ann. § 23.032 (1971); Ky. Rule Crim.”
Young v. Konz, 588 P.2d 1360 (Wash. 1979). “In all instances, a defendant in Kentucky facing a criminal sentence is afforded an opportunity to be tried de novo in a court presided over by a lawyer-judge since an appeal automatically vacates the conviction in police court.”
Young v. Konz, 558 P.2d 791 (Wash. 1977). “Ky. Rev. Stat. Ann. § 23.032 (1971); Ky. Rule Crim.”
Commonwealth v. Moore, 312 A.2d 422 (Pa. Super. Ct. 1973). “A convicted defendant may seek review in the state appellate courts in the same manner as a person tried initially in the general criminal court Ky. Rev. Stat. § 23.032 (Supp. 1968). However, a defendant *62 convicted after a trial or plea in an inferior court may not seek…”
Commonwealth v. Devine, 396 S.W.2d 60 (Ky. Ct. App. 1965). “The appellee, Devine, having been fined $100 and costs in the Jefferson Quarterly Court on each of two charges of violating the game laws, appealed the convictions to the Jefferson Circuit Court (KRS 23.032), where the cases were jointly tried anew (KRS 25.”
Cunnigan v. Jones, 371 S.W.2d 624 (Ky. Ct. App. 1963). “2d 569 , is cited as approving the procedure petitioner has followed, that case was decided before enactment of KRS 23.032. Pursuant to this, statute petitioner is afforded a right of appeal to the circuit court.”
Baldwin v. Commonwealth, 459 S.W.2d 135 (Ky. Ct. App. 1970). “Baldwin appealed to the Rockcastle Circuit Court (KRS 23.032) where a jury returned a guilty verdict and fixed punishment at $100 fine and thirty days in jail.”
Oatts v. City of Hopkinsville, 406 S.W.2d 842 (Ky. Ct. App. 1966). “) It is appellant’s argument that the General Assembly has exclusive power to fix the right of appeal, and, in the absence of some statutory provision to the contrary, the defendant satisfying a judgment of conviction does not lose the right he originally had under KRS 23.032.…”
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