Shepherd v. Commonwealth

MONTGOMERY, Judge.

Lloyd Shepherd was indicted for rob'bery. On the trial, he was found guilty. His punishment was fixed at twenty-one years in confinement.

The sole error urged is that the instruction embraced the wrong penalty. The penalty under the indictment charged is confinement “in the penitentiary for not less than two nor more than ten years”. KRS 433.120(1). The jury was instructed to fix ‘his punishment at confinement “for twenty- • one years or for life, or by death”, which •is the penalty under KRS 433.150, governing armed assault with intent to rob. The indictment did not contain…