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NASH v. COMMONWEALTH

272 S.W.2d 464 (1954)

James Sonny NASH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 29, 1954.

Attorney(s) appearing for the Case

Rodes K. Myers, Bowling Green, for appellant.

J. D. Buckman, Jr., Atty. Gen., Zeb A. Stewart, Asst. Atty. Gen., for appellee.

STEWART, Chief Justice.

There is only one question raised in this appeal and that is whether appellant's plea of guilty to the indictment precluded the necessity of introducing evidence under the Habitual Criminal Act, KRS 431.190, which reads:

"Any person convicted a second time of felony shall be confined in the penitentiary not less than double the time of the sentence under the first conviction; if convicted a third time of felony, he shall be confined...

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