Bircham v. Commonwealth

SIMS, Justice.

Earl D. Bircham was convicted of the murder of a police officer, John Tennyson, and his punishment fixed at death. See Bircham v. Commonwealth, Ky., 238 S.W. 2d 1008, where a full statement of the facts appears. Certiorari was denied by the United States Supreme Court, Bircham v. Commonwealth, 342 U.S. 80S, 72 S.Ct. 55, after which the date oí his execution wás fixed for Jan. 18, 1952.

On Jan. 16, 1952, two days before the date set for his execution, Bircham filed his petition in the Jefferson Circuit Court, Criminal Branch, First Division (the court in which he was convicted),…