KIRKMAN v. JONES


346 S.W.2d 776 (1961)

Athel KIRKMAN, Appellant, v. William L. JONES, Warden, Kentucky State Penitentiary, Appellee.

Court of Appeals of Kentucky.

May 19, 1961.


Attorney(s) appearing for the Case

Athel Kirkman, pro se.

John B. Breckinridge, Atty. Gen., Troy D. Savage, Asst. Atty. Gen., for appellee.


PALMORE, Judge.

Appellant is a prisoner in the state penitentiary at Eddyville. On March 7, 1961, he filed in the Lyon Circuit Court a complaint against the warden seeking a writ of habeas corpus. The facts disclosed on the face of the complaint are that he was committed on June 22, 1935, under a 21-year sentence, which was completed in June of 1956, and that he is now unlawfully detained under the same mittimus.

The response filed by the Commonwealth essentially...

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