Herndon v. Commonwealth
Court of Appeals of Kentucky
Case 19 — INDICTMENT FOR FELONY 1. Section 1130 of the Kentucky Statutes providing a life sentence ■ for a third conviction of felony is a violation of Sec. 13 of the Constitution, which provides that no person shall for the same offense be twice put in jeopardy of his life or limb.
Read the full summary
Case 19 — INDICTMENT FOR FELONY 1. Section 1130 of the Kentucky Statutes providing a life sentence ■ for a third conviction of felony is a violation of Sec. 13 of the Constitution, which provides that no person shall for the same offense be twice put in jeopardy of his life or limb. Jeopardy defined by Boimier’s Law Dictionary, vol. 1, p. 671; Encyclopedic Dictionary, vol. 6, p. 2763; Webster’s International Dictionary, p. 799. The maximum punishment prescribed for the offense for which the defendant was indicted was confinement in the penitentiary for five years. The statute which warrants…
1Opinion of the Court
JUDGE HOBSON
delivered the opikiox of ,tiie court.
Tlae appellant. .Ben Herndon, wásytrjed and convicted in the Fayette circuit court on June'21, 1893, of the crime of housebreaking, and sentenced'to . three years in the penitentiary. On July 2, 1895, he was pardoned by the Governor for this crime. Afterwards, and at the April term of the same court, 1897, he was tried and convicted of the crime of maliciously shooting John Jackson, and his punishment fixed at one year in the penitentiary. After all this, at the September term, Í898, he was' again indicted in the Fayette circuit court of the…
2Cases cited3 opinions
- Mount v. CommonwealthCourt of Appeals of Kentucky · 1865
- Stewart v. CommonwealthCourt of Appeals of Kentucky · 1881
- Taylor v. CommonwealthCourt of Appeals of Kentucky · 1882
3Cited by39 opinions
- State v. FindlingSupreme Court of Minnesota · 1913
- People v. BiggsCalifornia Supreme Court · 1937
- In Re RosencrantzCalifornia Supreme Court · 1928
- Kelley v. StateIndiana Supreme Court · 1933
- People Ex Rel. Prisament v. BrophyNew York Court of Appeals · 1941
34 more not listed; retrieve them via the Exa API.