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COMMONWEALTH, DEPARTMENT OF CORRECTIONS v. BURKE

426 S.W.2d 449 (1968)

COMMONWEALTH of Kentucky, DEPARTMENT OF CORRECTIONS, Appellant, v. Francis D. BURKE, Attorney for Walter Hammershoy, Appellee.

Court of Appeals of Kentucky.

March 29, 1968.

Attorney(s) appearing for the Case

Robert Matthews, Atty. Gen., Joseph H. Eckert, Asst. Atty. Gen., Frankfort, for appellant.

Francis D. Burke, Joseph W. Justice, Burke & Justice, Pikeville, for appellee.

CLAY, Commissioner.

This is an appeal from a judgment allowing an attorney's fee of $1500 to appellee for representing an indigent criminal defendant, to be paid by the Commissioner of Corrections out of an appropriation made by the 1966 General Assembly. The Department of Corrections acknowledges the reasonableness of the allowance and recognizes the fairness of an attorney's claim for such representation. However, appellant contends there is no statutory or other...

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