HERNDON v. WINGO


399 S.W.2d 486 (1966)

Gary HERNDON, Appellant, v. John W. WINGO, Warden, Kentucky State Penitentiary, Appellee.

Court of Appeals of Kentucky.

February 18, 1966.


Attorney(s) appearing for the Case

Gary Herndon, pro se.

Robert Matthews, Atty. Gen., Frankfort, for appellee.


DAVIS, Commissioner.

Gary Herndon, presently confined at Eddyville State Penitentiary, sought release through the writ of habeas corpus. The lower court denied the relief and Herndon has appealed.

The gist of appellant's claim for relief is summarized: On February 13, 1963, he was convicted in the Calloway Circuit Court upon his guilty plea to an indictment under KRS 433.220; his punishment was fixed at imprisonment for five years. Thereupon, says appellant...

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