Kentucky Revised Statutes
Ky. Rev. Stat. § 431.190 (2026)
Repealed, effective January 1, 1975
✓ current as of May 2026 Cite as: Ky. Rev. Stat. § 431.190 (2026)
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Catchline at repeal: Conviction of felony -- Punishment on second and third offenses. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 1130.
Notes of Decisions
Cited in 107
cases, 1944–2020 · leading case: Bordenkircher v. Hayes
Bordenkircher v. Hayes (1978)
“He also said that if Hayes did not plead guilty and "save the court the inconvenience and necessity of a trial," he would return to the grand jury to seek an indictment under the Kentucky Habitual Criminal Act, [1] then Ky. Rev. Stat. § 431.190 (1973) (repealed 1975), which…”
Fulcher v. Commonwealth (2004)
“2d 728, 729 (1939) (interpreting former KRS 431.190, Habitual Offender Act, repealed 1974 Ky.”
Kimbrough v. Commonwealth (1977)
“150, and as a habitual criminal within the meaning of former KRS 431.190. He and Bailey were jointly tried in the Jefferson Circuit Court, Criminal Branch, First Division, on March 8 and 9, 1976.”
Hardin v. Commonwealth (1968)
“He was found guilty on both counts and the jury fixed his punishment at five years' imprisonment on the grand larceny charge and life imprisonment (under the Habitual Criminal Act, KRS 431.190) on the previous convictions charge.”
Payne v. Commonwealth (1983)
“In a murder case, if the evidence would support a verdict finding the defendant guilty of a lesser included offense, the court must instruct on the lesser offense or offenses, which means that the Commonwealth does not have the option of requiring the jury to find the defendant…”
Colwell v. Commonwealth (2000)
“During that regime, there was no separate sentencing phase of a criminal trial and trial courts would read the habitual criminal indictment to the jury along with the indictments for the underlying offenses; and proof of the prior convictions was offered along with the evidence…”
Lewis v. Commonwealth (1967)
“The next entry is an order dated January 27, 1964, showing that he appeared in court with counsel, waived arraignment, pleaded guilty after the Commonwealth had waived the habitual criminal charge, and was sentenced to four years' imprisonment "to run consecutively with the…”
McGill v. Commonwealth (1963)
“Virgil McGill was convicted of voluntary manslaughter under an indictment charg *471 ing wilful murder and, in addition, as he was at the same time indicted and it was established he was convicted twice before of a felony, the jury returned a verdict that his punishment be fixed…”
Ingram v. Commonwealth (1968)
“KRS 431.190. This appeal is prosecuted to obtain a reversal of that judgment.”
Wilson v. Commonwealth (1971)
“KRS 431.190. A reversal of the judgment is now sought on the following grounds: (1) Appellant was not given the “Miranda warnings” at the time of his arrest; (2) an alleged out-of-court confession was not sufficiently corroborated; (3) proof of the two prior convictions…”
Satterly v. Commonwealth (1968)
“In a murder case, if the evidence would support a verdict finding the defendant guilty of a lesser included offense, the court must instruct on the lesser offense or offenses, which means that the Commonwealth does not have the option of requiring the jury to find the defendant…”
Wilson v. Commonwealth (1966)
“Appellant finally contends that he was denied due process of law because two former convictions were introduced to the jury for joint consideration with the issue of the specific crime alleged.”
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