JP SMITH v. Commonwealth

Under an indictment returned July 7,1975, charging statutory burglary committed January 18, 1975, a jury found John Paul Smith guilty as charged and fixed his punishment at 15 years in the penitentiary. Defendant made a motion for a pre-sentencing probation report. Ruling that a report is not required “when there is a jury trial”, the trial court denied the motion. By order entered August 20, 1975, the trial court confirmed the verdict, imposed sentence in accordance therewith, and remanded defendant to jail “to await transfer to the penitentiary.”

Under the limited writ of error, the sole…