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DUKE v. SMITH

253 S.W.2d 242 (1952)

DUKE v. SMITH.

Court of Appeals of Kentucky.

December 5, 1952.

Attorney(s) appearing for the Case

Rodes K. Myers, Bowling Green, for appellant.

Wm. H. Natcher, Bowling Green, J.D. Buckman, Jr., Atty. Gen., W. Owen Keller, Asst. Atty. Gen., for appellee.

STANLEY, Commissioner.

Parker Duke was committed to jail by the judge of Warren County as an examining court, without right to bail, upon three charges of murder. Sections 66, 71, 80, 81, Criminal Code of Practice. He has sought release or the right to give bond by a habeas corpus proceeding before the judge of the circuit court. Sections 399, 426, Criminal Code of Practice. The judge denied the writ and Duke appeals.

It is laid down in Smith v. Henson, 298...

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