Thomas v. Commonwealth
Court of Appeals of Kentucky
CASE 25 — PROSECUTION AGAINST WILLIAM THOMAS FOB HOUSEBREAKING. Appeal from Payette Circuit Court. Watts Parker, Circuit Judge. Defendant convicted and appeals. The appellant was indicted for housebreaking, the punishment of which' is confinement in the penitentiary from one to five years. The court instructed the jury if they found him guilty, they should fix his punishment at not less than one nor more than ten years. The jury 'fixed the punishment at ten years.
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CASE 25 — PROSECUTION AGAINST WILLIAM THOMAS FOB HOUSEBREAKING. Appeal from Payette Circuit Court. Watts Parker, Circuit Judge. Defendant convicted and appeals. The appellant was indicted for housebreaking, the punishment of which' is confinement in the penitentiary from one to five years. The court instructed the jury if they found him guilty, they should fix his punishment at not less than one nor more than ten years. The jury 'fixed the punishment at ten years. The court against the objection of defendant rendered a judgment for five years. We contend the judgment was unauthorized and…
1Opinion of the Court
Opinion op the Court by
Judge O’Rear
Reversing.
Appellant was convicted under an indictment charging him with the statutory offense of breaking into a storehouse, the punishment for which is confinement in the penitentiary for not less than one *233nor more than five years. Section 1164, Ky. Stats., 1903. There was proof to sustain the verdict of gnilty. The instructions, with the exception noticed, are faultless. The exception is: The court told the jury that, if they found the defendant guilty, his punishment should be fixed at confinement in the penitentiary for not less- than one nor more than…
2Cases cited1 opinion
- Roberts v. CommonwealthCourt of Appeals of Kentucky · 1890
3Cited by2 opinions
- Manning v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1939
- Bogie v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1971