Combs v. Commonwealth

• Decision Date: 17 September 1892
• Citation: 20 S.W. 268
• Parties: Combs v. Commonwealth.
• Court: Kentucky Court of Appeals

20 S.W. 268

Combs v. Commonwealth.

Court of Appeals of Kentucky.

September 17, 1892

Appeal from circuit court, Jefferson county.

"Not to be officially reported."

Horace Combs, having been convicted of a felony, appeals. Affirmed.

Lewis, J.

There is difference in the testimony in respect to the manner in which the cutting and wounding with which appellant is charged was committed. But as there was evidence tending to show it was done willfully and maliciously, and not in self-defense, and instruction was properly given upon the less offense of cutting in a sudden affray, or sudden heat and passion, we are not authorized to disturb the jury's verdict that appellant was guilty of a felony, and punishable accordingly. It was distinctly and sufficiently charged in the indictment, and fully proved on trial, and also found bye the jury, that appellant had been twice before the present offense convicted of a felony, the punishment of which is confinement in the penitentiary, and therefore the penalty of confinement in the penitentiary for life became, according to section 12, art. 1, c. 29, Gen. St., inevitable, and the court could do no less than so instruct; and the jury, after finding the present offense a felony, was bound to render the verdict in pursuance thereof. The validity of that statute has heretofore been sanctioned by this court, and it is now needless to discuss the question. Judgment affirmed.