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Davis v. Wingo

Court of Appeals of Kentucky
Nov 12, 1965
396 S.W.2d 53 (Ky. Ct. App. 1965)

Opinion

November 12, 1965.

Appeal from the Circuit Court, Lyon County, Ira D. Smith, J.

Abner J. Davis, pro se.

Robert Matthews, Atty. Gen., F.E. Wood, Asst. Atty. Gen., Frankfort, for appellee.


The circuit court dismissed the petition of Abner J. Davis, a prisoner in the state penitentiary, seeking release by habeas corpus on the ground that the judgments sentencing him to serve consecutive terms on convictions of two separate offenses are void for various reasons. Davis has appealed from the judgment of dismissal.

The petition for habeas corpus properly was dismissed because the petition failed to show inadequacy of the remedy provided by RCr 11.42. Ayers v. Davis, Ky., 377 S.W.2d 154.

We deem it appropriate to comment that the petition sets forth no valid ground for relief even under RCr 11.42. See King v. Commonwealth, Ky., 387 S.W.2d 582.

The judgment is affirmed.


Summaries of

Davis v. Wingo

Court of Appeals of Kentucky
Nov 12, 1965
396 S.W.2d 53 (Ky. Ct. App. 1965)
Case details for

Davis v. Wingo

Case Details

Full title:Abner J. DAVIS, Appellant, v. John WINGO, Warden, Kentucky State…

Court:Court of Appeals of Kentucky

Date published: Nov 12, 1965

Citations

396 S.W.2d 53 (Ky. Ct. App. 1965)

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