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HUTSON v. LOVETT

305 S.W.2d 524 (1957)

James Elmer HUTSON, Petitioner, v. Hon. H. H. LOVETT, Judge of Calloway Circuit Court, Respondent.

Court of Appeals of Kentucky.

September 27, 1957.

Attorney(s) appearing for the Case

James E. Hutson, pro se.

Jo M. Ferguson, Atty. Gen., John B. Browning, Asst. Atty. Gen., for respondent.

CLAY, Commissioner.

Petitioner seeks an order of mandamus to require the Hon. H. H. Lovett, Judge of the Calloway Circuit Court, to schedule for hearing a petition for a writ of habeas corpus allegedly filed in the Calloway Circuit Court in November, 1956. The mandamus petition filed in this Court is not verified as required by RCA 1.420, nor is the affidavit filed in support thereof sworn to, and the petition should be dismissed.

We have, however, considered...

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