JONES v. HOGG


639 S.W.2d 543 (1982)

Elhannon JONES, Jr., Appellant, v. Honorable F. Byrd HOGG, Special Judge, Perry Circuit Court, Appellee.

Supreme Court of Kentucky.

Rehearing Denied October 28, 1982.


Attorney(s) appearing for the Case

William M. Scalf, Lexington, for appellant.

Steven L. Beshear, Atty. Gen., George Geoghegan, III, Asst. Deputy Atty. Gen., Frankfort, for appellee.


STERNBERG, Justice.

The appellant, Elhannon Jones, Jr., was indicted by the Perry County Grand Jury for the offense of murder (KRS 507.020(1)(a)). He was tried on three occasions, and each trial resulted in a hung jury. On June 9, 1982, pursuant to the authority of CR 76.36, appellant filed an original action in the Court of Appeals of Kentucky wherein he sought to prohibit appellee, Special Judge, from permitting a fourth trial of the appellant for the same offense...

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