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SMITH v. NALL

242 S.W.2d 755 (1951)

SMITH v. NALL, Sheriff.

Court of Appeals of Kentucky.

October 2, 1951.

Attorney(s) appearing for the Case

James T. Hatcher, Paul M. Lewis, Elizabethtown, for appellant.

J. Howard Holbert, Elizabethtown, A.E. Funk, Atty. Gen., W. Owen Keller, Asst. Atty. Gen., for appellee.

CAMMACK, Chief Justice.

This is a habeas corpus proceeding. Curt Smith was committed to Eastern State Hospital for observation under the provisions of KRS 202.120, notwithstanding his demand that he be given a trial by jury to determine his mental condition. This section of the Statutes was embodied in Chapter 16 of the Acts of 1936. The title to that Chapter reads as follows: "An Act to amend Chapter sixteen (16) of the Acts of one thousand nine hundred twenty-eight...

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