Hancock v. Parker
Court of Appeals of Kentucky
•Case 25 — PETITION FOR WRIT OF PROHIBITION originad proceeding in the court of appears. 1. There is no statutory provision ’which authorizes any one to take a prisoner confined, in the penitentiary out and take him to another county to testify in any case. Where they are confined in. the county where their testimony is desired the court may have them brought into cofcrt, but in all other cases their testimony (must be taken by deposition. (Sec. 151, Crim.
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•Case 25 — PETITION FOR WRIT OF PROHIBITION originad proceeding in the court of appears. 1. There is no statutory provision ’which authorizes any one to take a prisoner confined, in the penitentiary out and take him to another county to testify in any case. Where they are confined in. the county where their testimony is desired the court may have them brought into cofcrt, but in all other cases their testimony (must be taken by deposition. (Sec. 151, Crim. Code; sec. 540, Civil Code.) 2. One confined in the penitentiary is certainly “physically” unabldto attend for examination in court, and…
1Opinion of the Court
JUDGE LANDES
delivered the opinion oe the court:
This is an application to this court by petition of R. A. Hancock, the warden of the penitentiary at Frankfort, as plaintiff, against Watts Parker, the judge of the Fayette Circuit Court, as defendant, praying that the defendant may be prohibited, by the proper writ, from proceeding by rule against the plaintiff for contempt, in refusing to comply with an order made by defendant as judge, requiring the plaintiff to produce in said court a prisoner, who is confined in the said penitentiary for felony, to testify as a witness in behalf of one Ed.…
2Cases cited3 opinions
- Commonwealth v. JonesCourt of Appeals of Kentucky · 1874
- Commonwealth v. MinorCourt of Appeals of Kentucky · 1890
- Commonwealth v. McGuireCourt of Appeals of Kentucky · 1886
3Cited by5 opinions
- Hayden v. CommonwealthCourt of Appeals of Kentucky · 1910
- Magee v. StateAlabama Court of Appeals · 1966
- Ross v. CommonwealthCourt of Appeals of Kentucky · 1977
- Greene v. BallardCourt of Appeals of Kentucky · 1917
- Wedding v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926