Legal Opinion

Duke v. Smith

Court of Appeals of Kentucky (pre-1976)

Decided December 5, 1952PublishedCited by 8 opinions

1Opinion of the Court

STANLEY, Commissioner.

Parker Duke was committed to jail by the judge of Warren County as an examining court, without right to bail, upon three charges of murder. Sections 66, 71, 80, 81, Criminal Code of Practice. He has sought release or the right to give bond by a habeas corpus proceeding before the judge of the circuit court. Sections 399, 426, Criminal Code of Practice. The judge denied the writ and Duke appeals.

It is laid down in Smith v. Henson, 298 Ky. 182, 182 S.W.2d 666, 668, that where the petitioner has been denied bail by an order of a court, the proceeding is in the nature of a…

2Cases cited6 opinions

  1. Smith v. HensonCourt of Appeals of Kentucky (pre-1976) · 1944
  2. Harrod v. WhaleyCourt of Appeals of Kentucky (pre-1976) · 1951
  3. Robinson v. KierenCourt of Appeals of Kentucky (pre-1976) · 1949
  4. Brown v. CommonwealthCourt of Appeals of Kentucky · 1951
  5. Burton v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1948

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Marion Parker Duke v. John W. Wingo, Warden, Kentucky State PenitentiaryCourt of Appeals for the Sixth Circuit · 1967
  2. Day v. CaudillCourt of Appeals of Kentucky (pre-1976) · 1957
  3. Duke v. CommonwealthCourt of Appeals of Kentucky · 1956
  4. State v. AmeerNew Mexico Supreme Court · 2018
  5. Finn v. McClardCourt of Appeals of Kentucky · 1967

3 more not listed; retrieve them via the Exa API.

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