Montgomery v. Whaley

Judge Helm

Dismissing appeal.

On October 16, 1950, appellant, Sam Montgomery, filed a petition for writ of habeas corpus in the Oldham Circuit Court, stating that he was being unlawfully de*60tained at the Kentucky State Reformatory at LaG-range on an illegal and void “mittimus commitment” from the Criminal Division of the Jefferson Circuit Court on the charge of “assault with an offensive weapon with intent to rob,” in violation of KRS 433.150. Appellant alleged that he was being held in violation of his constitutional rights, and prayed that a writ of habeas corpus issue.

Appellee, R. L. "Whaley,…