Hamm v. Commonwealth

WADDILL, Commissioner.

The appeal is from a conviction of storehouse breaking, KRS 433.190, and sentence of imprisonment for life under the Habitual Criminal Statute, KRS 431.190.

A reversal of the judgment is sought on the ground that the instructions were preju-dicially erroneous. The basis of this contention is that instruction No. 5, which authorized the jury to fix Hamm’s punishment at imprisonment for life under the Habitual Criminal Act, deprived the jury of its discretionary right to fix his punishment for the single offense of storehouse breaking as prescribed by instruction No. 1.

The…