THOMAS v. SCHUMAKER


360 S.W.2d 215 (1962)

Luther THOMAS, Warden, Kentucky State Penitentiary, Appellant, v. Joseph Leon SCHUMAKER, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied October 12, 1962.


Attorney(s) appearing for the Case

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

Joseph Leon Schumaker, Eddyville, for appellee.


MILLIKEN, Judge.

In a habeas corpus action filed by the appellee, Joseph Leon Schumaker, the trial court directed the warden of the State Penitentiary at Eddyville to release Schumaker from custody unless this Court rules otherwise on appeal.

The appellee, Schumaker, was convicted in the Jefferson Circuit Court of the offense of armed robbery, sentenced to life in prison, and was committed to the Kentucky State Reformatory on October 26, 1950. He became eligible...

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