Mount v. Commonwealth
| Decision Date | 24 June 1865 |
| Citation | 63 Ky. 93 |
| Parties | Mount v. Commonwealth. |
| Court | Kentucky Court of Appeals |
1. M was indicted, tried, convicted, and sentenced to the penitentiary; the judgment was appealed from, the indictment held defective, and a subsequent indictment having been found against him, he pleaded the former conviction. Held --That the plea was not good.
2. One who has been convicted of a felony and pardoned by the Governor, and who is convicted of a subsequent commission of the same offense, may be convicted and sentenced for twice the time that he was sentenced for the first offense.
APPEAL FROM KENTON CIRCUIT COURT.
The appellant, John Mount, convicted in the Kenton circuit court in the year 1857, of felony, and sentenced to imprisonment in the penitentiary for three years, was, after serving a portion of that time, pardoned by the Governor of Kentucky. Afterwards he was again convicted of another felony, and this court, adjudging the indictment essentially defective reversed the judgment of conviction and remanded the case for further proceedings. On the return of the case to the circuit court, a new and sufficient indictment was filed, charging Mount with feloniously passing, in payment to Mrs. Margaret Boyle, for ten dollars, a bank bill on the Dayton Bank, Ohio which had been issued for one dollar, but had been fraudulently altered from one to ten, and alleging that, when he so passed it, he knew that it had been so altered. He pleaded not guilty and the former conviction, which had been reversed by this court. The special plea having, on demurrer, been adjudged insufficient, the jury, on the general issue, returned a verdict of guilty; and the indictment charging also the conviction of 1857 for three years, the verdict, according to the statute duplicated the punishment to imprisonment in the penitentiary for six years; and the circuit court thereupon sentenced Mount to imprisonment for six years; and this appeal seeks a reversal of that judgment.
A conviction on an insufficient indictment, and therefore set aside, is no bar to another prosecution for the same offense, In the established sense of the Constitution, the accused, in such a case, was never " in jeopardy." The plea of former conviction was therefore properly disregarded.
On the trial on the plea of not guilty various questions were raised; but, believing that the indictment is substantially sufficient--that no...
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