Stewart v. Commonwealth
Court of Appeals of Kentucky
APPEAL FROM McCRACKEN CIRCUIT COURT. [Cited, Herndon v. Commonwealth, 105 Ky. 197, 20 Ky. L. 1114, 48 S. W. 989; Hall v. Commonwealth, 106 Ky. 894, 21 Ky. L. 520, 51 S. W. 814.]
1Opinion of the Court
Opinion by
Judge Hargis:
The indictment does not allege that the accused had been formerly convicted of a felony. It is entirely silent on that subject, yet under the instructions authorizing the findings, the jury found the accused guilty of the offense charged in the indictment, and that he had been formerly convicted of a felony, and fixed his punishment at double the term of the first conviction.
This court held in the case of Carter v. Commonwealth, 11 Ky. Opin. 92, that the former conviction must be alleged as well as proved, and for that reason the instructions and verdict were erroneous.…
2Cited by5 opinions
- Kelley v. StateIndiana Supreme Court · 1933
- State v. EdelsteinWashington Supreme Court · 1927
- Herndon v. CommonwealthCourt of Appeals of Kentucky · 1899
- Hall v. CommonwealthCourt of Appeals of Kentucky · 1899
- Fleming v. CommonwealthCourt of Appeals of Kentucky · 1917