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THOMAS v. MAGGARD

313 S.W.2d 271 (1958)

M. W. THOMAS, Warden, and Jo M. Ferguson, Attorney General, Appellants, v. Floyd MAGGARD, Appellee.

Court of Appeals of Kentucky.

May 9, 1958.

Attorney(s) appearing for the Case

Jo M. Ferguson, Atty. Gen., Edward L. Fossett, Asst. Atty. Gen., for appellants.

Isaac Turner, Hyden, for appellee.

CULLEN, Commissioner.

In July 1956, a judgment was entered in the Leslie Circuit Court convicting Floyd Maggard of the offense of armed robbery, and sentencing him to a term of 21 years in the state penitentiary, in Lyon County. In October 1957, Maggard sought a writ of habeas corpus from the Lyon Circuit Court, on the ground that the judgment of conviction and the sentence were void. The court sustained the ground, and...

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