Willie Mae Barker v. John W. Wingo, Warden, Kentucky State Penitentiary

McCREE, Circuit Judge.

This case is an appeal from an order denying Willie Mae Barker’s petition for a writ of habeas corpus. The question presented is whether appellant’s Sixth Amendment right to a speedy trial was violated by the Commonwealth of Kentucky’s five-year delay between indictment and trial. We hold that under the circumstances of this ease appellant was not denied this constitutional right.

Appellant was indicted for the murder of Orlena Denton, one of two elderly persons who were beaten to death on September 15, 1958, and trial was originally set for October 21 of that year. The…