125 Ky. 231 | Ky. Ct. App. | 1907
Opinion op the Court by
Reversing.
Appellant was convicted under an indictment charging him with the statutory offense of breaking into a storehouse, the punishment for which is confinement in the penitentiary for not less than one
The contention now is that the court, and not the -jury, has fixed the punishment in this case, and that the judgment is void for that reason; furthermore, that the defendant having been once placed in jeopardy, and the jury discharged, the court has no alternative but to release him from custody. Such a fluke ought not to happen, unless there is no reasonable or lawful escape from it. Concede that the
The cause is remanded for a new trial under proceedings consistent herewith.