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INGRAM v. WINGO

No. 2199.

320 F.Supp. 1032 (1971)

Paul INGRAM, Petitioner, v. John W. WINGO, Warden, Kentucky State Penitentiary, Respondent.

United States District Court, E. D. Kentucky, Lexington Division.

January 19, 1971.

Attorney(s) appearing for the Case

Paul Ingram, pro se.

John Breckinridge, Atty. Gen., Com. of Ky. by M. Curran Clem, Asst. Atty. Gen., Frankfort, Ky., for respondent.

MEMORANDUM

SWINFORD, District Judge.

The petitioner, Paul Ingram, has alleged in this habeas corpus proceeding that the conviction for which he is presently imprisoned is unlawful as it is based upon a prior conviction which was unconstitutionally obtained. The petitioner was convicted of grand larceny and of being an habitual criminal in September of 1967. It is correctly argued that a recidivist conviction can only be obtained if it is shown that the defendant...

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