Strunk v. Commonwealth

Opinion op the Court by

Judge Sims

Reversing.

Andy Strunk, unrepresented by counsel, personally entered a plea of guilty in the "Whitley Circuit Court to an indictment purporting to charge him with the offense of obstructing justice. No jury was impaneled to assess the penalty and the judge fixed it at a fine of $500 and 60 days imprisonment ip. the county jail.

The motion for a new trial assigned two errors: 1. The indictment did not state a public offense; 2. the judge was without authority under Sec. 258 of the Criminal Code of Practice to assess appellant’s punishment above the minimum for…