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COMMONWEALTH, DEPT. OF WELFARE v. STEVENS

378 S.W.2d 799 (1964)

COMMONWEALTH of Kentucky, DEPARTMENT OF WELFARE, DIVISION OF CORRECTIONS et al., Appellants, v. Tommie STEVENS, Appellee.

Court of Appeals of Kentucky.

May 8, 1964.

Attorney(s) appearing for the Case

John B. Breckenridge, Atty. Gen., Joe Nagle, Asst. Atty. Gen., for appellants.

Bruce R. Hamilton, La Grange, for appellee.

WILLIAMS, Judge.

The Oldham Circuit Court sustained appellee's petition for habeas corpus on the ground there was no valid judgment sentencing him to the Kentucky State Reformatory. The Commonwealth has appealed, alleging first that RCr 11.42 has supplanted habeas corpus as the method to obtain post-conviction review, and secondly, that the judgment is not void.

The appellee was indicted in Pulaski Circuit Court and charged with two violations of the local...

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