Layne v. Commonwealth

CAMMACK, Chief Justice.

Jack Layne pleaded guilty to a charge of breaking into a storehouse. His punishment was fixed at three years in prison. This appeal is prosecuted on the ground that Layne understood and believed that he would receive a two yeár sentence upon his plea' of guilty. As agreed, the Commonwealth’s Attorney recommended a two year sentence for Layne, but the jury fixed his punishment at three years.

We were confronted with a similar situation in the case of Hayes v. Commonwealth, 305 Ky. 108, 203 S.W.2d 1. In that, case we pointed out that a jury is not bound by an agreement…