Allen v. Commonwealth

Opinion of the Court by

Judge Culton

Reversing.

Joe Allen was charged with housebreaking and it was further charged in the indictment that he had twice been previously convicted of felony. By the verdict of the jury, his punishment was fixed at confinement in the penitentiary for life, and from the judgment entered on that verdict, he prosecutes this appeal.

This is the second appeal of this case, the opinion of this court on the first appeal being found in 272 Ky. 533, 114 S. W. (2d) 757, 761. In that opinion this court said:

“This indictment should have alleged, and the proof should have…