Gafford v. Buchanan

STANLEY, Commissioner.

The appellant, Charles E. Gafford, is confined in the Eddyville penitentiary under a judgment of the Jefferson Circuit Court rendered at its September, 1950, term, sentencing him to confinement for life for the crime of armed robbery. He appeals from a judgment of the Lyon Circuit Court dismissing his petition for writ of habeas corpus.

The petition charges that the judgment of conviction is void because the indictment was returned by a grand jury illegally impaneled and contrary to the provisions of KRS 29.240. When the indictment was returned, that section limited…