King v. Commonwealth

VANCE, Commissioner.

The appellant entered a plea of guilty to the offense of dwelling house breaking. KRS 433.180. He was sentenced to imprisonment for a period of five years but the order directing that he be taken to the penitentiary for confinement was withheld pursuant to KRS 439.260 and appellant was placed on probation.

Thereafter appellant was charged again with housebreaking and proceedings were instituted to revoke his probation. At the hearing on the motion to revoke probation, evidence was introduced to show that property stolen in the subsequent break-in was found upon appellant’s…