Klette v. Commonwealth

Opinion of the Court by

Judge Hannah

Reversing.

Appellant was indicted, tried and convicted of the crime of grand larceny in the Kenton Circuit Court. The indictment charged him with the stealing of a cow from one Paul Flynn.

1. The jury returned a verdict fixing appellant’s punishment “at not less than two years nor more than two years in the penitentiary.” This verdict cannot stand.

In Stephens v. Commonwealth, 164 Ky., 265, the jury returned a verdict fixing appellant’s punishment at not less than one nor more than one year in the penitentiary; and this court said:

“In the case under…