JAGGERS v. OVERSTREET


412 S.W.2d 238 (1967)

Elmer Joseph JAGGERS, Petitioner, v. Brent C. OVERSTREET, Special Judge and Frank A. Ropke, Presiding Judge, Respondents.

Court of Appeals of Kentucky.

January 20, 1967.


Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., George F. Rabe, Asst. Atty. Gen., Frankfort, amici curiæ.

Stuart L. Lyon, David Kaplan, Jim Webb, Louisville, for petitioner.

Carl C. Ousley, Jr., First Asst. Commonwealth's Atty., Louisville, for respondents.


DAVIS, Commissioner.

Elmer Joseph Jaggers has been found guilty of murder by a jury whose verdict fixed his punishment at death. By this original proceeding in this court Jaggers seeks to prohibit Honorable Brent C. Overstreet from "any further trial authority in this case." An order denying the relief was entered December 16, 1966, and this opinion will relate the court's bases for the order.

Honorable Frank A. Ropke is the regularly elected and presiding...

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