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Harrod v. Whaley

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eBook details

  • Title: Harrod v. Whaley
  • Author : Supreme Court of Minnesota
  • Release Date : January 11, 1951
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 47 KB

Description

STANLEY, Commissioner. The special circuit judge dismissed the petition for a writ of habeas corpus of Otis, Harrod, a prisoner in the reformatory at LaGrange, upon the face of the papers. The petitioner was convicted in the Jefferson Circuit Court of the crime of breaking and entering a storehouse and his penalty fixed at life imprisonment under the Habitual Criminal Act. KRS 433.190, 431.190. We affirmed. Harrod v. Commonwealth, 311 Ky. 810, 226 S.W.2d 4. A writ of certiorari was denied by the Supreme Court. 339 U.S. 915, 70 S.Ct. 562, 94 L.Ed. 1341. Authenticated copies of the indictment, instructions and judgment of conviction were not filed with the petition, but purported copies of those documents and of the testimony of a deputy circuit clerk of Jefferson County were referred to and attached to a brief filed with the circuit judge. Nevertheless, in view of the jealous regard for the individual rights of a citizen to invoke this venerated proceeding to test the legality of his detention, the judge considered them. We shall be as patient. Liberality rather than strictness should control in entertaining and considering an application for a writ of habeas corpus. 39 C.J.S., Habeas Corpus, ? 82. Harrod appears pro se. He insists that many of his constitutional rights were violated.


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