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SCHROADER v. THOMAS

387 S.W.2d 312 (1964)

Carl Ray SCHROADER and Harley Dupin, Appellants, v. Luther THOMAS, Warden, Kentucky State Penitentiary, Eddyville, Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied March 19, 1965.

Attorney(s) appearing for the Case

Carl Ray Schroader and Harley Dupin, pro se.

Robert Matthews, Atty. Gen., Martin Glazer, Asst. Atty. Gen., for appellee.

MILLIKEN, Chief Justice.

This is an appeal from a denial of habeas corpus, but before considering the merits a summary of the background is essential.

The appellants were convicted in July, 1963, in the Ohio Circuit Court of armed robbery and were sentenced to life imprisonment. There was no motion for a new trial made in that action and no appeal taken. Subsequently, in February, 1964, the appellants (as petitioners) filed a motion in the Ohio Circuit Court...

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