BALLARD v. HOWARD

No. 18527.

403 F.2d 653 (1968)

Art BALLARD, Petitioner-Appellant, v. James F. HOWARD, Superintendent Kentucky State Reformatory, Respondent-Appellee.

United States Court of Appeals Sixth Circuit.

November 13, 1968.


Attorney(s) appearing for the Case

John W. Core, Lexington, Ky., for appellant, Julius Rather, Lexington, Ky., on the brief.

H. N. McTyeire, Asst. Atty. Gen., Frankfort, Ky., for appellee, John B. Breckinridge, Atty. Gen., Frankfort, Ky., on the brief.

Before WEICK, Chief Judge, and PHILLIPS and EDWARDS, Circuit Judges.


PER CURIAM.

The principal claim made by appellant is that he was denied a right to appeal from his conviction in the state court on an indictment charging him with rape of his 15 year-old daughter. He was sentenced to ten years' imprisonment.

Appellant was represented by court appointed counsel in the state court. No appeal was prosecuted from his conviction, but there is no evidence that petitioner was prevented from appealing.

Appellant contends...

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