Nash v. Commonwealth of Kentucky

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 in the penitentiary during
his life. Judgment in such cases shall not be given for the increased penalty unless the jury finds, from the record and other
competent evidence, the fact of former convictions for felony committed by the prisoner, in or out of this state.' The indictment
referred to first sets out the felony with which appellant is presently charged, namely, storehouse breaking. See KRS 433.190.
The second and third counts of the indictment allege the facts concerning appellant's convictions of felony on April 10, 1951,
and again on April 7, 1949, both times in Taylor County. The indictment stated judgment was entered on the verdict in each
instance, Nash was sentenced to serve one year in the penitentiary in each case, and each judgment has since remained in full
force and effect. The criminal order book wherein each judgment was placed of record was also given. When appellant was arraigned
in the lower court, and after the indictment was read, he was asked whether he was guilty or not guilty as charged and he
replied that he was guilty but added he did not have an attorney and was unable to employ one. Thereupon, the court stayed
the trial and appointed an attorney to represent appellant and they subsequently conferred. Later, the court, on advice of
appellant's attorney, accepted the plea of guilty and called for a jury to fix the punishment. The jury was impaneled and
sworn, and after the indictment was read and the jury informed of the plea of guilty, they received written instructions to
find Nash guilty and fix his punishment at confinement in the penitentiary for life. This was in conformity with KRS 431.190.
They retired and shortly thereafter returned the following verdict in open court: