Lucas v. Commonwealth

Opinion op the Court by

Judge Miller

Affirming.

The appellant David (alias J. D.) Lucas was indicted, tried and convicted of the crime of wilfully and maliciously cutting and stabbing Hiram Kendall, with the intention of killing him. Coupled with that charge the indictment also charged Lucas with having been theretofore convicted in the Lee Circuit Court of the crime of murder and sentenced to a seven year term in the penitentiary. This last paragraph of the indictment as to the former conviction was added for the purpose of doubling appellant’s punishment in case he should be found guilty of…