Nicholas v. Thomas

PALMORE, Judge.

Proceeding in forma pauperis, Edward A. Nicholas appeals from a judgment of the Lyon Circuit Court dismissing his petition for a writ of habeas corpus against the warden of the state penitentiary, to which institution appellant has been committed to serve a 5-year sentence pursuant to conviction in the Kenton Circuit Court under an indictment charging him with a violation of KRS 218.170 (fraud or deceit in obtaining or attempting to obtain narcotic drugs).

The ground on which he contends he is entitled to a release via habeas corpus is that because the indictment on which he was…