Hobbs v. Commonwealth

Opinion of the Court by

Judge Latimer

Affirming.

Pursuant to Commonwealth. Attorney’s agreement to recommend the minimum sentence of two years, appellant pleaded guilty to a charge of shooting at without wounding. Contrary to the recommendation, the jury gave him 10 years in the penitentiary. From that judgment this appeal is prosecuted.

It is contended that the failure of the jury to follow the recommendation of the Commonwealth Attorney evidences bias and prejudice resulting from some factor present in the trial. Attention is called to the fact that appellant had as a defense the absence of…