Parsley v. Commonwealth

MOREMEN, Justice.

This case presents a question as to when a judge, without a jury, upon a plea of guilty by defendant, may fix the degree of punishment.

Appellants, Brooks Parsley and William Parsley, Jr., were indicted by the Laurel County Grand Jury and charged with the common law offense of assault and battery. A jury returned a verdict of guilty and fixed their punishment at a fine of $2,000 each. A motion for a new trial was sustained and, on the same day, a judgment was entered which reads in part:

“This case came on for hearing on today and the defendants being present and having waived…