119 Ky. 670 | Ky. Ct. App. | 1901
Opinion op the court by
Affirming.
The appellant, Brown was indicted in the Bourbon circuit
It is wholly immaterial whether the defendant, on the second conviction, had his penalty increased by reason of his first conviction. The right of the Commonwealth to have him confined in the penitentiary for life, upon the third conviction, is not based upon the question a-s to the amount of penalty inflicted in his former convictions, but upon the-fact that he had been twice convicted of a felony. The lawmaking department of the government enacted the section of the statute under consideration for the purpose of confining for life in the penitentiary habitual criminals. It was supposed that where a party was convicted three times of felonies there could be no hope of reforming him; therefore, he should be confined for life in the penitentiary. The defendant seems to be an habitual criminal, and he must suffer the penalty imposed by law, which is confinement in the penitentiary during his life.
The judgment is affirmed.