Holcomb v. Commonwealth

REED, Justice.

A jury verdict convicted Larry Wayne Holcomb of the offense of knowingly receiving stolen property of the value of more than $100. The range of punishment provided by the applicable statute is confinement in the penitentiary from one to- five years. The jury was unable to agree on the extent of punishment. The trial judge accepted the guilty verdict and fixed punishment at one year’s confinement, the minimum period provided for the particular offense. Holcomb appeals.

We hold that the trial judge erred in accepting the incomplete verdict, but that the error committed in the…