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ALLEN v. WINGO

472 S.W.2d 688 (1971)

Gilbert W. ALLEN, Appellant, v. John Will WINGO, Warden, Kentucky State Penitentiary, Appellee.

Court of Appeals of Kentucky.

November 5, 1971.

Attorney(s) appearing for the Case

Gilbert W. Allen, pro se.

John B. Breckinridge, Atty. Gen., George F. Rabe, Asst. Atty. Gen., for appellee.

PALMORE, Judge.

Gilbert W. Allen appeals from a final order of the Lyon Circuit Court dismissing his petition for habeas corpus against the warden of the Kentucky State Penitentiary. He alleged in substance that he was being held illegally pursuant to a revocation of parole that was invalid because he had not been given a hearing as required by KRS 439.440 until 40 days after his return to prison, whereas the statute directs that the hearing be had within 30 days...

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