Commonwealth, Department of Welfare, Division of Corrections v. Stevens

WILLIAMS, Judge.

The Oldham Circuit Court sustained ap-pellee’s petition for habeas corpus on the ground there was no valid judgment sentencing him to the Kentucky State Reformatory. The Commonwealth has appealed, alleging first that RCr 11.42 has supplanted habeas corpus as the method to obtain post-conviction review, and secondly, that the judgment is not void.

The appellee was indicted in Pulaski Circuit Court and charged with two violations of the local option laws. On the first indictment he entered a plea of not guilty, was tried by a jury, found guilty, and his punishment fixed at two…