McELWAIN v. COMMONWEALTH


400 S.W.2d 212 (1966)

Ben W. McELWAIN, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 4, 1966.


Attorney(s) appearing for the Case

Laurence T. Gordon, Madisonville, for appellant.

Robert Matthews, Atty. Gen., Robert D. Preston, Asst. Atty. Gen., for appellee.


MOREMEN, Chief Justice.

Appellant, Ben W. McElwain, was indicted in the Hopkins Circuit Court for the armed robbery of a service station in Madisonville, Kentucky, on October 11, 1962. In December 1962, he was transferred to the Western State Hospital at Hopkinsville for a mental examination. Before the usual 35 day period of commitment had terminated, a request was made by the hospital that the time for observation and treatment be extended for an additional period...

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