Green v. Commonwealth

Opinion of the Court by

Chief Justice Clarke

Reversing.

The indictment herein charged appellant with grand larceny and two previous convictions of a felony. He was convicted and given a life sentence in the penitentiary as is permitted by section 1130 of the statutes upon a third conviction of a felony. That section provides that judgment shall not be given for the increased penalty “unless the jury shall find from the record and other competent evidence that fact of former convictions for felony committed by the prisoner in or out of the state.” The verdict in this case reads: “We, the jury, do…