Howard v. Ingram

DAVIS, Commissioner.

The trial judge sustained a petition for habeas corpus and ordered appellant to release Joe Ingram from the reformatory at La Grange. The appellant contends that appellee should have proceeded by motion to vacate as prescribed by RCr 11.42, citing Ayers v. Davis, Ky., 377 S.W.2d 154, and Davis v. Wingo, Ky., 396 S.W.2d 53.

Ingram was convicted in the Fleming Circuit Court for violation of KRS 434.070(1) (“cold check”), and his punishment was fixed at confinement in the reformatory for one year. On his motion he was placed on probation. KRS 439.260. About a year after the…