Smith v. Commonwealth

STERNBERG, Justice.

This is an appeal from a judgment of the Breathitt Circuit Court finding the appellant guilty of murder and fixing his punishment at life in the penitentiary. In January, 1977, the appellant and his cohort, Clyde Watkins, who are first cousins, killed Richard Hicks and dumped his body down a coal tipple chute. The appellant pled not guilty. On August 15, 1977, the day of trial, appellant withdrew his not-guilty plea and entered a plea of guilty. The Commonwealth’s Attorney requested that the penalty be fixed by a jury. No objection was made by counsel for appellant, and the…