DUKE v. THOMAS


371 S.W.2d 639 (1963)

Marion Parker DUKE, Appellant, v. Luther THOMAS, Warden, Kentucky State Penitentiary, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied November 15, 1963.


Attorney(s) appearing for the Case

Marion Parker Duke, pro se.

John B. Breckinridge, Atty. Gen., John B. Browning, Asst. Atty. Gen., for appellee.


WILLIAMS, Judge.

The appellant, Marion Parker Duke, was convicted of voluntary manslaughter and sentenced to 21 years in the State Penitentiary. He petitioned the Lyon Circuit Court for a writ of habeas corpus which was dismissed on the ground that it did not state facts upon which relief could be granted. This appeal results.

Three separate indictments, each accusing appellant of willful murder, were returned by the Warren County grand jury. He was tried...

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