George v. Lillard
Court of Appeals of Kentucky
Case 103 — VALIDITY OF PAROLE LAW APPEAL FROM FRANKLIN CIRCUIT COURT. 1. The parole law as found in the Kentucky Statutes, secs. 3828-3836 is not unconstitutional either in invading the executive prerogative, or -in invading the jurisdiction of the courts as to the suspension, reversal or annulment of judgments of conviction or as a violation of section 253 of the Constitution.
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Case 103 — VALIDITY OF PAROLE LAW APPEAL FROM FRANKLIN CIRCUIT COURT. 1. The parole law as found in the Kentucky Statutes, secs. 3828-3836 is not unconstitutional either in invading the executive prerogative, or -in invading the jurisdiction of the courts as to the suspension, reversal or annulment of judgments of conviction or as a violation of section 253 of the Constitution. State v. Peters, 43 Ohio St., 629; People v. State Reformatory, 148 111., 413; George v. People, 167 111., 447; Miller v. State, 49 N. E. R., 894; Murray v. Com., 52 N. E. R., 505; s. c. 87 Fed. Rep., 549; Oliver v.…
1Opinion of the Court
JUDGE PAYNTER
delivered the opihton oe the court.
The questions here involved are: (1) Is the act known as the “Parole Law” still in force? If so, is it to be executed by the Board of Penitentiary Commissioners or by the Commissioners of the Sinking Fund? (2) Is it constitutional?
Until 1898 the control and management of the penitentiaries of the State was vested in the Commissioners of the Sinking Fund; the Governor, Auditor, Treasurer, Secretary of State, and Attorney General ex officio constituting the commissioners. By the act of May 2, 1888, upon specified conditions, the commissioners of…
2Cases cited2 opinions
- United States v. WilsonSupreme Court of the United States · 1833
- Commonwealth v. BushCourt of Appeals of Kentucky · 1865
3Cited by25 opinions
- Commonwealth Ex Rel. Banks v. CainSupreme Court of Pennsylvania · 1942
- People v. JoyceIllinois Supreme Court · 1910
- Commonwealth Ex Rel. Conway v. ThompsonKentucky Supreme Court · 2010
- Wilson v. CommonwealthCourt of Appeals of Kentucky · 1910
- Board of Prison Commissioners v. CrumbaughCourt of Appeals of Kentucky · 1914
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