Henry v. Commonwealth

WHITE, Judge.

This appeal involves three cases. Two concern resentencing of appellant in 1977 and 1978 for convictions occurring in 1961 and 1964. The third case is an appeal from an order refusing to settle a record of appellant’s 1964 trial so that an appeal could now be taken or, in the alternative, in the event the record cannot be settled, that a new trial be granted.

Appellant was tried on June 22, 1961, in the Caldwell Circuit Court on an indictment for storehouse breaking. He was convicted of the charge and sentenced on June 24, 1961, to serve three years in prison. The record is silent…