PRYOR v. THOMAS


361 S.W.2d 279 (1962)

Paul J. PRYOR, Appellant, v. Luther THOMAS, Warden, Kentucky State Penitentiary, Appellee.

Court of Appeals of Kentucky.

October 12, 1962.


Attorney(s) appearing for the Case

Paul J. Pryor, appellant, pro se.

John B. Breckinridge, Atty. Gen., Ronald M. Sullivan, Asst. Atty. Gen., for appellee.


MOREMEN, Judge.

Appellant, Paul J. Pryor, was convicted of murder and sentenced to life imprisonment. He filed a petition for a writ of habeas corpus in the Lyon Circuit Court on the grounds that KRS 435.010, which reads "Any person who commits willful murder shall be punished by confinement in the penitentiary for life, or by death," does not prohibit the act by merely fixing the punishment for murder. He contended that such a statute must also define the nature...

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