Duke v. Commonwealth

STANLEY, Commissioner.

The appellant, Marion Parker Duke, is a prisoner in the Eddyville penitentiary under a judgment of the Warren Circuit Court of guilt of voluntary manslaughter with penalty imposed of 21 years imprisonment. The appeal is from an order of the Lyon Circuit Court dismissing his petition seeking a writ of “habeas corpus ad subjiciendum.”

The grounds pleaded, briefly summarized, are that the petitioner did not receive a fair and impartial trial because (1) he was denied a change of venue to which he was entitled as the crime of which he was accused was repugnant to the…