Tarrence v. Buchanan

BROOKS, District Judge.

This is an application for a writ of habeas corpus under the provisions of Section 2241, Title 28 United States Code Annotated.

The petitioner, Leonard Tarrence, entered a plea of guilty to the murder of Francis J. McCormick and in accordance with Kentucky law a j'ury was impaneled to fix the penalty, K.R.S. 431.130, 435.-010. Petitioner was given a death sentence and is awaiting execution set for January 14, 1955.

Petitioner now alleges that he is in custody in violation of the Constitution of the United States for the reason that the demurrer to the indictment should…