203 S.W.2d 2 | Ky. Ct. App. | 1947
Affirming.
The grand jury of Crittenden County returned an indictment against Lawson Franklin charging him with the crime of willful murder. The crime was committed in May, 1946, and the indictment was returned on June 26, 1946. When the case was called for trial at the November, 1946, term of the Crittenden Circuit Court only two members of the regular jury panel qualified. All of the others had formed and expressed an opinion. By agreement the sheriff was directed to go to an adjoining county and summon fifty citizens for jury service. In the meantime the accused agreed to enter a *112
plea of guilty, and the Commonwealth's Attorney and County Attorney agreed to reduce the charge to voluntary manslaughter and to recommend to the jury that it fix his punishment at confinement in the penitentiary for a term of five years and then to recommend to the court that the sentence be probated. This agreement was carried out to the letter. The charge was reduced to manslaughter, the accused entered a plea of guilty, and the jury fixed his punishment at confinement in the penitentiary for a term of five years in accordance with the recommendation of the Commonwealth's Attorney and the County Attorney. The accused then filed a petition for probation, and prayed that the sentence of confinement for five years in the state penitentiary for voluntary manslaughter be postponed and not imposed, and that he be probated. The Commonwealth's Attorney and the County Attorney recommended that the accused's petition be granted, and that he be placed on probation. The court, pursuant to KRS
The appellant and his counsel knew when they entered into the agreement that probation was a matter wholly within the court's discretion. The court was not apprised of the agreement, and knew nothing concerning *113
it until the petition for probation was filed. KRS
The judgment is affirmed.