Willard J. Foster v. Commonwealth of Kentucky and David L. Davis, Warden, Kentucky State Reformatory

PER curiam:.

Willard J. Foster, petitioner-appellant filed a petition for a writ of habeas corpus in the United States District Court for the Western District of Kentucky. The petitioner was tried and convicted of armed robbery on an indictment returned :by a grand jury, under KRS 433.140.

This conviction was reversed by the Kentucky Court of Appeals (331 S.W.2d 277) for the reason that the indictment was insufficient to charge the offense under the statute. The indictment was quashed by the trial judge and a new indictment returned by the grand jury charging armed robbery. The petitioner was…