Williams v. Jones

MILLIKEN, Judge.

This is an appeal from a judgment denying a writ of habeas corpus.

The appellant and petitioner pro se, Henry Williams, was convicted in 1956 in the Knox Circuit Court upon a plea of-guilty to the .offense of armed assault with intent to rob and was sentenced by the court without a jury to life imprisonment. The statutory penalty for such an offense is “confinement in the penitentiary for twenty-one years or for life, or by death.” KRS 433.150. ^

Under the provisions of KRS 431 130 a trial court may, without the intervention of a jury, “fix the degree of punishment within the…