Jackson v. Commonwealth

Opinion op the Court by

Morris, Commissioner

Reversing.

Appellant charged with warehouse breaking, KRS 433.190, for which the penalty is from, one to five years’ imprisonment, entered a plea of guilty. The motion for a new trial and bill of exceptions show that the Commonwealth’s Attorney stated to the jury that appellant had agreed to accept the maximum. However, the jury returned a verdict fixing the penalty at one year in the State Reformatory. The bill shows that when this was read the Commonwealth’s Attorney stated in open court that unless the jury should give appellant the maximum he…