POWELL v. PAYTON


544 S.W.2d 1 (1976)

Morris POWELL, Appellant, v. Maurice PAYTON, Jailer, Henry County Jail, Appellee.

Supreme Court of Kentucky.

November 12, 1976.


Attorney(s) appearing for the Case

Jack Emory Farley, Public Defender, Gary E. Johnson, Asst. Public Defender, Frankfort, for appellant.

Robert F. Stephens, Atty. Gen., Frankfort, for appellee.


JONES, Justice.

The issue on this appeal is whether the trial court erred in denying Morris Powell's petition for habeas corpus.

On December 3, 1975, Powell was convicted in the Shelby Circuit Court of third-degree burglary. The trial court sentenced him to the Kentucky State Reformatory for a term of one year.

On January 12, 1976, Powell was convicted in the Henry Circuit Court on two counts of possessing marijuana for the purpose of sale. The trial...

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