Senay v. Commonwealth

A.J. JOLLY, Special Justice.

Movant was convicted by a judgment of the Hopkins Circuit Court of the offense of possessing a hand gun by a convicted felon as condemned by KRS 527.040 and was sentenced to five years in prison. This judgment of conviction was affirmed by the Court of Appeals and we granted review.

In support of the appeal which we review, Movant asserts that KRS 527.040, condemning the possession of a hand gun by a convicted felon, violates Section 1(7) of the Kentucky Constitution. Movant having failed to assert this matter in the trial court, we agree with the Court of Appeals,…