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UNDERHILL v. THOMAS

299 S.W.2d 633 (1957)

Earl UNDERHILL and William C. Underhill, Appellants, v. M. W. THOMAS, Warden, State Penitentiary, Eddyville, Kentucky, Appellee.

Court of Appeals of Kentucky.

March 1, 1957.

Attorney(s) appearing for the Case

Marvin C. Prince, Prince & Prince, Benton, for appellants.

Jo M. Ferguson, Atty. Gen., John B. Browning, Asst. Atty. Gen., James M. Lassiter, Commonwealth's Atty., Murray, for appellee.

MONTGOMERY, Judge.

Earl and William C. Underhill appeal from an order denying their petition for a writ of coram nobis. They were convicted of assault with the intent to rob and are presently confined in the Eddyville penitentiary. For further facts, see Underhill v. Commonwealth, Ky., 289 S.W.2d 509, wherein their convictions were affirmed.

The offense was charged to have been committed in the early part of the evening...

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