Engle v. Caudill

STANLEY, Commissioner.

The circuit court denied the petition of the appellant, Glenn Engle, to be released from the Perry County jail on a writ of habeas corpus. The case presents the question of whether a judgment of conviction of a felony under a statute subsequently declared to be unconstitutional is void.

The appellant was indicted in February, 1952, upon the charge “of the crime of deserting and abandoning his children without complying with the orders of the Perry Circuit Court as set forth in the judgment granting a divorce relative to the custody and support of said children.” His four…