Kirby v. Commonwealth

Robert Woodford Kirby, defendant, was indicted for statutory burglary and possession of burglarious tools, and entered pleas of not guilty to each indictment. A jury found defendant guilty of statutory burglary, fixed his punishment at 5 years in the State Penitentiary, and he was sentenced by the court. Defendant waived trial by jury on the indictment charging possession of burglarious tools, and the trial court found defendant guilty, fixed his punishment at confinement in the penitentiary for 3 years, and sentenced him accordingly. The cases are before us upon writs of error awarded…