Pennington v. Commonwealth

MONTGOMERY, Chief Justice.

Hoyle Pennington was indicted for cattle stealing. KRS 433.250. The second count of the indictment charged a prior felony conviction. KRS 431.190. Upon conviction, his punishment was fixed at confinement in the penitentiary for two years. The verdict is not clear as to whether he was convicted on one or both counts. He urges for reversal that: (1) No judgment is in the record; (2) the indictment is defective; (3) his motion for a directed verdict should have been sustained; and (4) the evidence as to a previous conviction is insufficient.

The record shows that the…