(1) On a first or second conviction for violation of any of the provisions of this chapter, the court shall require the defendant, in addition to the penalty provided by subsection (1) of KRS 242.990, to execute bond of not less than five hundred ($500) nor more than one thousand dollars ($1,000) to be of good behavior for twelve (12) months and not violate any of the provisions of this chapter. If the bond is not executed, the defendant shall be imprisoned in the county jail for sixty (60) days.
(2) The order of the trial court, requiring the execution of the peace bond, shall not be subject to appeal and shall not be considered as punishment. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2554c-29.
Notes of Decisions
Long v. Jud. Ret. & Removal Comm'n, 610 S.W.2d 614 (Ky. 1980).
“I think the only action by the judge which was supported by “clear and convincing” evidence was that he knowingly and intentionally failed to apply the mandatory provisions of KRS 242.410, which in my opinion would merit a penalty of less severity- I am authorized to say that…”
Barnes v. Ashcraft, 490 S.W.2d 484 (Ky. Ct. App. 1973).
“KRS 242.410 provides that upon conviction of an offense under KRS Ch.”
Carnes v. Commonwealth, 406 S.W.2d 849 (Ky. Ct. App. 1966).
“Appellant raises an academic question with respect to the “good behavior” bond he was required to execute under KRS 242.410, which we decline to decide. The judgment is reversed.”
Dawn M. Gentry v. Jud. Conduct Comm'n (Ky. 2020).
“12 Additionally, as in Thomas, we observe that the three members of the Court dissented that the allegations against Judge Long were not proven by clear and convincing evidence, other than a failure to enforce the provisions of KRS 242.410, and would have imposed a lesser…”
Commonwealth v. McKee, 170 S.W.2d 340 (Ky. Ct. App. 1943).
“Under the statute, KS Section 2554c-29, KRS 242.410, in addition to but not as part of the penalty, he was required to execute bond in the sum of $500, conditioning that he would not violate the local option laws for a period of twelve months, appellee becoming his surety.”
Williams v. Commonwealth, 339 S.W.2d 937 (Ky. Ct. App. 1960).
“Also we note that the order of the trial court requiring the execution of a peace bond under KRS 242.410 is not subject to appeal. The motion for an appeal is granted, and.”
Perkins v. Commonwealth, 383 S.W.2d 916 (Ky. Ct. App. 1964).
“KRS 242.410 and 242.990. They appeal by notice and motion as authorized by KRS 21.”
Walters v. Wood, 269 S.W.2d 285 (Ky. Ct. App. 1954).
· cites it 3× “The sole issue raised is the construction of KRS 242.410 and its application to the facts of this case.”
Mears v. Hord, Police Judge, 168 S.W.2d 736 (Ky. Ct. App. 1943).
“Section 2554c-29 of the Kentucky Statutes (now KRS 242.410) provides that on a first or second conviction for a violation of the local option law the defendant, in addition to the penalty provided by law, shall be required to execute a bond to be of good behavior and not violate…”
Castle v. Commonwealth, 239 S.W.2d 451 (Ky. Ct. App. 1951).
“The King case dealt with a different situation, and, in addition, the second paragraph of KRS 242.410 expressly provides that: “The order of the trial court, requiring the execution of the peace bond, shall not be subject to appeal and shall not be considered as punishment.”
Bowling v. Commonwealth, 331 S.W.2d 715 (Ky. Ct. App. 1960).
“990(1); KRS 242.410. His defense was that although the liquors in question were in his possession they had been bought the day before by him and his brother-in-law for personal consumption by them and their wives during a fishing trip planned for the near future.”
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