Art Ballard v. James F. Howard, Superintendent Kentucky State Reformatory

The principal claim made by appellant is that he was denied a right to appeal from his conviction in the state court on an indictment charging him with rape of his 15 year-old daughter. He was sentenced to ten years’ imprisonment.

Appellant was represented by court appointed counsel in the state court. No appeal was prosecuted from his conviction, but there is no evidence that petitioner was prevented from appealing.

Appellant contends that the evidence was insufficient to support his conviction. This argument would have been proper in a direct appeal but not in a collateral proceeding.

Had a…