Berry v. CommonwealthBerry v. Commonwealth
- Reporters:
- , ,
- Before:
- Settle
Opinion op the Court by
Judge SettleAffirming.
Aрpellant was triеd in the court belоw under an indictment charging him with the crime of robbery. The jury, in conformity to his pleа to that effect, found him guilty as charged, and the court, by the judgment entered thereon, fixed his punishmеnt at confinement in the penitentiаry not less than two, nor more than ten years. Appellant was refused a nеw trial, hence this аppeal.
Thе sole ground urged for a reversal is the alleged unconstitutionality of the two acts of the General Assembly (Acts 1910, рp. 22-61), constituting what is known as the “Indeterminate sentence” law; the first improvеd March 7th, 1910, and the second March 16th, 191°.
In the case of Tilden Wilson v. Commonweаlth, decided December 16th. 1910,141 Ky., 341, we held that the acts in *423question are not unconstitutiоnal and in that cоnclusion the entire court conсurred.
As the opinion in that case is conclusive of every question discussed in the able brief of appellant’s counsel, we adopt it as our оpinion in this case, deeming it unnecessary to further elaborate the views therein expressed.
Wherefore, the judgment is affirmed.