Hurt v. Commonwealth

PALMORE, Judge.

This is an appeal from a judgment sentencing appellant to a term of 5 years in the penitentiary following his plea of guilty to a charge of malicious cutting and wounding with intent to kill, KRS 435.170(2). The principal ground for the appeal is the trial court’s refusal to permit a change of plea to not guilty before judgment had been finally pronounced, Criminal Code of Practice, § 174. The further point is made that under Cr.Code, § 258 the court was required either to fix the punishment at the minimum of 2 years under the statute or to submit the matter of punishment to a…