ALLEN v. WALTER


534 S.W.2d 453 (1976)

James R. ALLEN, Commonwealth Attorney, et al., Petitioners, v. Ralph WALTER, Special Judge Floyd Circuit Court, Respondent.

Supreme Court of Kentucky.

February 20, 1976.


Attorney(s) appearing for the Case

James R. Allen, pro se.

Harold Stumbo, County Atty., Prestonsburg, for petitioners.


PER CURIAM.

This is an original proceeding in which a Commonwealth's Attorney, acting with the acquiescence of the Attorney-General, seeks to prohibit the respondent, as special judge in a murder case, from entering an order reducing the charge to second-degree manslaughter and sentencing the defendant to a term of five (5) years in the penitentiary, KRS 507.040, 532.020(1)(b), over objection by the Commonwealth.

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