Opinion
March 20, 1964.
Appeal from the Circuit Court, Lyon County, Ira D. Smith, J.
Scott Brown, pro se.
John B. Breckinridge, Atty. Gen., Ray Corns, Asst. Atty. Gen., for appellee.
This is a habeas corpus proceeding in which the appellant, a prisoner in the Kentucky State Penitentiary, seeks to set aside on constitutional grounds the judgment of conviction pursuant to which he is imprisoned. In the absence of a showing that the remedy by motion under RCr 11.42 is inadequate, his petition was properly dismissed. Ayers v. Davis, Ky., 377 S.W.2d 154.
The judgment is affirmed.