Lee v. Buchanan
| Decision Date | 05 February 1954 |
| Parties | LEE v. BUCHANAN. |
| Court | United States State Supreme Court — District of Kentucky |
Freddie Lee, pro se.
J. D. Buckman, Jr., Atty. Gen., W. Owen Keller, Asst. Atty. Gen., for appellee.
This appeal is from the judgment in a habeas corpus proceeding refusing to discharge the appellant from prison terms now being served in Kentucky State Penitentiary. The sole question presented is whether or not appellant was denied the right of trial by jury in contravention of Section 7 of the Kentucky Constitution.
At the October, 1952 term of the Butler Circuit Court, appellant entered pleas of guilty to three indictments, two of which charged the offense of grand larceny and one the offense of breaking and entering into a storehouse of another. Without the intervention of the jury, the court sentenced him to three years on each indictment. Appellant insists that the failure to require the fixing of his punishment by a jury amounted to a denial of his constitutional guaranty of trial by a jury.
It is well established by the courts of this and other jurisdictions that the constitutional right of trial by jury applies only to the issue of guilt or innocence under a plea of not guilty. Ward v. Hurst, 300 Ky. 464, 189 S.W.2d 594, and Mack v. State, 203 Ind. 355, 180 N.E. 279, 83 A.L.R. 1349. The general rule is stated in 31 Am.Jur., Section 27, Page 575, Jury, as follows:
Prior to the 1952 amendment to KRS 431.130,...
To continue reading
Request your trial
-
Bullard v. State
...S.W.2d 858 (Mo.1960); State v. Hamey, 168 Mo. 167, 67 S.W. 620 (1902); Woods v. State, 130 Tenn. 100, 169 S.W. 558 (1914); Lee v. Buchanan, 264 S.W.2d 661 (Ky.1954); Ward v. Hurst, 300 Ky. 464, 189 S.W.2d 594 (1945); 47 Am.Jur.2d, Jury, § 50, p. It is clear that a defendant in a criminal ca......
-
Bowling v. Com.
...See also Perry v. Commonwealth, 407 S.W.2d 714, 715 (Ky.1966); Williams v. Jones, 338 S.W.2d 693, 694 (Ky. 1960); Lee v. Buchanan, 264 S.W.2d 661, 661 (Ky.1954). 20. N.J. Stat. Ann. § 21. Ariz.Rev.Stat. § 13-703(C). 22. Of course, Appellant could not have waived his Apprendi rights in 1990 ......
-
Brown v. Hoblitzell
...Parsley v. Commonwealth, Ky., 272 S.W.2d 326. There is no such error here. The appellant was acting with advice of counsel. Lee v. Buchanan, Ky., 264 S.W.2d 661. While the record in this case is silent as to whether the appellant pleaded 'not guilty', that plea is implicit in the fact that ......
-
Short v. Com.
...otherwise guaranteed constitutional right. We have recognized the right of an accused to waive a jury by pleading guilty. Lee v. Buchanan, Ky., 264 S.W.2d 661 (1954); Allison v. Gray, Ky., 296 S.W.2d 735 (1956). In is well established that a jury trial may be waived in a misdemeanor case. A......