THOMAS v. MORROW


361 S.W.2d 105 (1962)

Luther THOMAS, Warden, Kentucky State Penitentiary, Appellant, v. Edgar Clay MORROW, Appellee.

Court of Appeals of Kentucky.

October 5, 1962.


Attorney(s) appearing for the Case

John B. Breckinridge, Atty. Gen., Ray Corns, Asst. Atty. Gen., for appellant.

Frederic Olszweski, Princeton, for appellee.


MOREMEN, Judge.

The Lyon Circuit Court granted a writ of habeas corpus to appellee, Edgar Morrow, and ordered his release from confinement in the state penitentiary and from the parole which had been granted to him by the state parole board. The Commonwealth appeals.

A bare chronicle of the events which transpired after his arrest and before he was committed to the penitentiary proves conclusively that he did not have the mental capacity to plead to the indictment...

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