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MONTGOMERY v. WHALEY

234 S.W.2d 168 (1950)

MONTGOMERY v. WHALEY.

Court of Appeals of Kentucky.

November 10, 1950.

Attorney(s) appearing for the Case

Sam Montgomery, pro se.

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

HELM, Justice.

On October 16, 1950, appellant, Sam Montgomery, filed a petition for writ of habeas corpus in the Oldham Circuit Court, stating that he was being unlawfully detained at the Kentucky State Reformatory at LaGrange on an illegal and void "mittimus commitment" from the Criminal Division of the Jefferson Circuit Court on the charge of "assault with an offensive weapon with intent to rob," in violation of KRS 433.150. Appellant alleged that he was being held...

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