Marcum v. Bradley

CULLEN, Commissioner.

In an original proceeding in this Court, Talmadge Marcum seeks an order prohibiting Joseph J. Bradley, Judge of the Fay-ette Circuit Court, from proceeding with a prosecution of Marcum for murder under an indictment returned by the Fayette County grand jury. The ground upon which the petition is based is that the proper venue of the prosecution is in Jackson County.

Marcum is accused of shooting, in Jackson County, a man whose death ensued in Fayette County. Under KRS 452.560 a prosecution could be initiated in either county. However, KRS 452.630 provides:

“Where the venue…