From Casetext: Smarter Legal Research

Richardson v. Eaton

Court of Appeals of Kentucky
May 13, 1966
402 S.W.2d 857 (Ky. Ct. App. 1966)

Opinion

May 13, 1966.

Appeal from the Circuit Court, Common Pleas Branch, Seventh Division, Jefferson County, Thomas Ballantine, J.

Daniel T. Taylor, III, Neville M. Tucker, Louisville, for appellant.

No appearance for appellees.


Floyd Richardson appeals from an order of the Jefferson Circuit Court refusing to discharge him from custody of the sheriff of Jefferson County on a writ of habeas corpus. KRS 419.130.

The petition alleged that Richardson was being held under excessive bail. A writ of habeas corpus was issued on May 2, 1966. There was no written response, but the judgment denying relief indicates that a hearing was held on May 3, 1966. Unfortunately, no transcript of the hearing was made. In habeas corpus proceedings this is a court of review only. KRS 419.130. We cannot accept counsel's statements, solemnly as they may be verified, in lieu of a properly certified record of the proceedings. There are other means of preserving the evidence if it is not transcribed. Cf. CR 75.13; RCr 12.68.

Without knowing the facts on which the trial court based its action we must presume they support the judgment. See Smithers v. Bindner, Ky., 351 S.W.2d 872 (1961).

The judgment is affirmed.


Summaries of

Richardson v. Eaton

Court of Appeals of Kentucky
May 13, 1966
402 S.W.2d 857 (Ky. Ct. App. 1966)
Case details for

Richardson v. Eaton

Case Details

Full title:Floyd RICHARDSON, Appellant, v. Joe EATON, Sheriff, Jefferson County…

Court:Court of Appeals of Kentucky

Date published: May 13, 1966

Citations

402 S.W.2d 857 (Ky. Ct. App. 1966)

Citing Cases

Roach v. Commonwealth

These are requirements of RCr 12.68. Lawson v. Commonwealth, Ky., 403 S.W.2d 281 (1966). Cf. Robinson v.…

Ringo v. Pound

KRS 419.020; 419.030. Shepherd v. Rich, 214 Ky. 684, 283 S.W. 1006. Nor does such proceeding fall within the…