Whitaker v. Commonwealth

REED, Justice.

Arnold “Grapevine” Whitaker, jailer of Perry County, Kentucky, was indicted by the grand jury for violation of KRS 61.170 (malfeasance or neglect in office) and KRS 432.460 (negligently allowing prisoners to escape). Whitaker moved to quash the indictment for several alleged technical shortcomings. His motion was denied by the trial court. A trial on the merits was held but a mistrial was declared because the Commonwealth introduced inadmissible, prejudicial testimony which, in the opinion of the trial judge, could not be rendered harmless by an admonition.

Thereafter, Whitaker…