Thomas v. Schumaker

MILLIKEN, Judge.

In a habeas corpus action filed by the ap-pellee, Joseph Leon Schumaker, the trial court directed the warden of the State Penitentiary at Eddyville to release Schumaker from custody unless this Court rules otherwise on appeal.

The appellee, Schumaker, was convicted in the Jefferson Circuit Court of the offense of armed robbery, sentenced to life in prison, and was committed to the Kentucky State Reformatory on October 26, 1950. He became eligible for parole consideration on October 26, 1958, but received a one year deferment. On August 26, 1959, when he appeared before the…