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NICKELL v. KELLY

357 S.W.2d 856 (1962)

Cecil NICKELL, Appellant, v. William KELLY, Appellee.

Court of Appeals of Kentucky.

May 25, 1962.

Attorney(s) appearing for the Case

John Y. Brown, Sr., Lexington, for appellant.

Tolbert Combs, Commonwealth's Atty., Calvin N. Manis, County Atty., Hazard, Daniel Boone Smith, Harlan, for appellee.

PALMORE, Judge.

The appellant, Cecil Nickell, was denied bail while being held pending action by the Perry County grand jury on charges including armed robbery, a capital offense. KRS 433.140. He brought this habeas corpus action in the Perry Circuit Court, and it resulted in a finding and judgment to the effect that the proof of guilt is evident and the presumption great, hence he is not entitled to bail. Cf. Const. § 16. He appeals. Crim.Code § 429a-1...

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