Allison v. Gray

STANLEY, Commissioner.

The appellant, Joseph M. Allison, a prisoner in the LaGrange Reformatory, petitioned the Oldham Circuit Court for a writ of habeas corpus and release from custody. He alleged that the judgment of the Jefferson Circuit Court, under which he is confined, is void because “no statutory jury of twelve persons was impaneled,” hence, that the court had no jurisdiction to pass sentence upon him. He further charged that he was thereby deprived of “equal protection” and due process of law under § 11, Kentucky Constitution, and the Fourteenth Amendment to the United States…