Benge v. Commonwealth

STEWART, Judge.

This is an appeal from a judgment entered on a verdict which found Leroy Benge, aged 21, and Bonnie Gregory, aged 16, guilty of storehouse breaking and fixed the punishment of each at confinement for one year in the penitentiary. See KRS 433.190. We shall herein refer to the parties who have appealed as “defendants.”

Reversal of the judgment by Bonnie Gregory is sought on the ground, among other things, that, since he was an alleged juvenile offender, the Laurel Circuit Court never obtained jurisdiction to try and dispose of the case growing out of the indictment returned…