State v. Carper

WALTERS, Chief Judge,

specially concurring.

While I agree that the thirty-day sentence imposed in this case was reasonable, I believe this Court’s holding in regard to the length of the sentence is little more than a gratuitous imprimatur, because of mootness of the sentence issue. See Dillingham v. Commonwealth, 249 S.W.2d 827 (Ky.1952). It will be recalled that Carper was given thirty days in confinement, to be served concurrent with a sentence already being served by him in the penitentiary. At the time Carper received the thirty-day sentence, the judge informed him that he had forty-two…