Jackson v. Com.
| Decision Date | 08 October 1946 |
| Citation | 303 Ky. 25,196 S.W.2d 865 |
| Parties | JACKSON v. COMMONWEALTH. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Hickman County; Elvis J. Stahr, Judge.
Elzie Jackson was convicted for warehouse breaking, and he appeals.
Reversed and remanded.
J. D. Via, of Clinton, for appellant.
Eldon S. Dummit, Atty. Gen., and H. K. Spear, Asst. Atty. Gen., for appellee.
MORRIS Commissioner.
Appellant charged with warehouse breaking, KRS 433.190, for which the penalty is from one to five years' imprisonment, entered a plea of guilty. The motion for a new trial and bill of exceptions show that the Commonwealth's Attorney stated to the jury that appellant had agreed to accept the maximum. However, the jury returned a verdict fixing the penalty at one year in the State Reformatory. The bill shows that when this was read the Commonwealth's Attorney stated in open court that unless the jury should give appellant the maximum he would set the verdict aside and call another jury to try the case; that he had other charges against appellant which he would file away if the jury should return a verdict of five years' imprisonment. The bill shows that the jury was 'directed' by the attorney and 'permitted' by the Court to return to their room and 'reconsider their verdict.' This they did, and made return as follows: 'We the jury, after hearing other charges brought to our knowledge against the defendant by two Commonwealth's Attorneys, do reconsider our verdict and fix the penalty at five years in the penitentiary.'
The bill and an affidavit of one of the jurors show that the attorney objected to the reference to 'other charges' against the defendant, and again were 'permitted' to return to their room for correction of the verdict. They then struck out the words 'one year' in the first verdict and inserted the words 'five years,' and upon this the court entered judgment.
The court upon the plea of guilty had instructed the jury correctly, that is, to find the defendant guilty and fix the penalty at from one to five years' imprisonment. The record fails to show that the Judge ordered or directed the jury to retire and reconsider or correct the verdict, but only permitted them to do so. This, however, is immaterial since the result would be the same had he directed the jury to return for the purpose of doing anything more than correcting the verdict as to form or for clarification. He could not legally direct them to change the verdict in substance, if the result was to the prejudice of defendant's substantial rights. Williams v Commonwealth, 140 Ky. 34, 130 S.W. 807; Gillum v Commonwealth, Ky., 121 S.W. 445; Blair v Commonwealth, 93 Ky. 493, 20 S.W. 434, distinguished in Tucker v. Commonwealth, 255 Ky. 635, 75 S.W.2d 220. In the instant case the jury under correct instructions had deliberated and returned and read a verdict correct in form and substance. It was then too late to require a reconsideration of their verdict, other for the purpose of formal...
To continue reading
Request your trial
- Jackson v. Commonwealth
-
Mathis v. Com.
...intention of the jury. The jury did not intend to fix their punishment without a finding that they were guilty. See Jackson v. Commonwealth, 303 Ky. 25, 196 S.W.2d 865. The final argument is made that RCr 9.26 entitled appellants to a reversal. They say that an accumulation of small errors,......
-
Ruggles v. Commonwealth
...but the verdict to be determined upon within the framework of the instructions is the prerogative of the jury. See Jackson v. Commonwealth, 303 Ky. 25, 196 S.W.2d 865, and Hobbs v. Commonwealth, 308 Ky. 268, 214 S.W.2d In respect to the action before us, it should be stated that no principl......
-
Buchanan v. Commonwealth
...implicates manifest injustice, we examine the merits of the issue. In support of his argument, Buchanan cites to Jackson v. Commonwealth, 303 Ky. 25, 27, 196 S.W.2d 865 (1946). In that case, the defendant was charged with breaking into a warehouse and faced a penalty ranging from one to fiv......