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LAYNE v. COMMONWEALTH

239 S.W.2d 939 (1951)

LAYNE v. COMMONWEALTH.

Court of Appeals of Kentucky.

May 15, 1951.

Attorney(s) appearing for the Case

Gardner & Gardner, West Liberty, for appellant.

A. E. Funk, Atty. Gen., W. Owen Keller, Asst. Atty. Gen., for appellee.

CAMMACK, Chief Justice.

Jack Layne pleaded guilty to a charge of breaking into a storehouse. His punishment was fixed at three years in prison. This appeal is prosecuted on the ground that Layne understood and believed that he would receive a two year sentence upon his plea of guilty. As agreed, the Commonwealth's Attorney recommended a two year sentence for Layne, but the jury fixed his punishment at three years.

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