Burnette v. Commonwealth

This writ of error brings under review a judgment entered on a verdict finding the accused, Floyd L. Burnette, guilty of possession of burglarious tools, with intent to commit burglary and larceny, and sentencing him to confinement in the State penitentiary for a term of five years.

Defendant’s first contention is that the statute (Sec. 18-159) under which he was indicted and convicted is unconstitutional and void.

This question was not raised in the lower court. However, it has been held in former decisions of this Court that the constitutionality of a penal act may be challenged on appeal,…