Pulliam v. Commonwealth

Court of Appeals of Kentucky

Pulliam v. Commonwealth

406 S.W.2d 724, 1966 Ky. LEXIS 209

DecidedSeptember 30, 1966

StatusPublished

This text of 406 S.W.2d 724 (Pulliam v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pulliam v. Commonwealth, 406 S.W.2d 724, 1966 Ky. LEXIS 209 (Ky. Ct. App. 1966).

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Opinion

CLAY, Commissioner.

The sole ground for reversal raised on this appeal is that our habitual criminal procedure, which allows the reading to the jury of an indictment and a conviction of another offense (to determine if the appellant was a second offender), violated appellant’s rights under the Due Process clause of the Fourteenth Amendment to the Federal Constitution and section 11 of the Kentucky Constitution. In three recent cases we have decided this question adversely to appellant’s contention. Jones v. Commonwealth, Ky., 401 S.W.2d 68; Wilson v. Commonwealth, Ky., 403 S.W.2d 705; and Cole v. Commonwealth, Ky., 405 S.W.2d 753 (decided June 17, 1966).

The judgment is affirmed.

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CLAY, Commissioner.

The sole ground for reversal raised on this appeal is that our habitual criminal procedure, which allows the reading to the jury of an indictment and a conviction of another offense (to determine if the appellant was a second offender), violated appellant’s rights under the Due Process clause of the Fourteenth Amendment to the Federal Constitution and section 11 of the Kentucky Constitution. In three recent cases we have decided this question adversely to appellant’s contention. Jones v. Commonwealth, Ky., 401 S.W.2d 68; Wilson v. Commonwealth, Ky., 403 S.W.2d 705; and Cole v. Commonwealth, Ky., 405 S.W.2d 753 (decided June 17, 1966).

The judgment is affirmed.

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406 S.W.2d 724, 1966 Ky. LEXIS 209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pulliam-v-commonwealth-kyctapp-1966.

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