Newcomb v. Commonwealth

JONES, Justice.

Newcomb was convicted of aiding and abetting armed robbery (KRS 433.120), and of being an habitual offender (KRS 431.-190). He was sentenced to two years in the penitentiary on the aiding and abetting armed robbery conviction and to twenty years on the habitual-criminal conviction. Judgment was entered on both convictions on October 21, 1974.

Newcomb alleges error in the judgment in imposing sentence for the principal offense in addition to the habitual-criminal sentence. That contention is correct. The rule is that if the jury finds the defendant guilty of the principal offense…