Brown v. Commonwealth
Court of Appeals of Kentucky
Case 21 —INDICTMENT APPEAL FROM MNCOLN CIRCUIT COURT, ' 1. The spirit of section 1130 of the Kentucky Statutes is that before one can be confined in the penitentiary for life upon a third conviction of felony he must have been punished by confinement in the penitentiary, where an opportunity was afforded him to reform and repent of the evils of his past life; and after that if it turns out there has been no repentance or change of purpose, then he is to be treated, upon a…
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Case 21 —INDICTMENT APPEAL FROM MNCOLN CIRCUIT COURT, ' 1. The spirit of section 1130 of the Kentucky Statutes is that before one can be confined in the penitentiary for life upon a third conviction of felony he must have been punished by confinement in the penitentiary, where an opportunity was afforded him to reform and repent of the evils of his past life; and after that if it turns out there has been no repentance or change of purpose, then he is to be treated, upon a third conviction, as beyond redemption and confined for life. ' 1. The question presented by this appeal has never been…
1Opinion of the Court
JUDGE Du RELLE
delivered the opinion of the court.
At the June term, 1896, of the Lincoln Circuit Court, the appellant was indicted upon two charges of break*128ing into a warehouse. These indictments were returned on the same day, June 8th. Appellant pleaded guilty to each, and on June 9th, after verdicts fixing his punishment at five years’ imprisonment in the penitentiary in each case, was sentenced. On June 10th knottier indictment was returned against him for feloniously breaking into and entering a dwelling house. In this indictment the two former convictions for felony at the same term were…
2Cited by14 opinions
- Dye v. SkeenWest Virginia Supreme Court · 1950
- Coleman v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1939
- Hyser v. CommonwealthCourt of Appeals of Kentucky · 1903
- Fulcher v. CommonwealthKentucky Supreme Court · 2004
- Morgan v. CommonwealthCourt of Appeals of Kentucky · 1916
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