Simmons v. Fenton

Action in habeas corpus by Walter Ray Simmons against the warden of the state penitentiary, to determine whether petitioner is unlawfully restrained of his liberty by defendant. From a judgment of dismissal petitioner has appealed.

From the petition and return thereto, it appears that petitioner was convicted in the district court for Boyd county of the crime of murder in the first degree. The jury, by their verdict, fixed the penalty of death. The sentence and judgment of the district court followed the verdict. On error to this court, that judgment was affirmed, and the 23d day of May, 1924,…