Green v. Commonwealth

MOREMEN, Justice.

Appellant, Clyde Green, was indicted for the murder of David Shipp. In a second count of the indictment, he was charged with being a habitual criminal under KRS 431.190, and it was set forth that in the year of 1926 he had been convicted of voluntary manslaughter and had been sentenced to 21 years’ confinement in the penitentiary.

At the trial Green was found guilty of voluntary manslaughter and his punishment was fixed at confinement in the penitentiary for 42 years, which period of time was double the amount of the sentence of 21 years fixed by the previous conviction.

The…