Kinnon v. Yager

Court of Appeals of Kentucky

Kinnon v. Yager

380 S.W.2d 259, 1964 Ky. LEXIS 303

Court of Appeals of Kentucky·Decided June 26, 1964·Published

Opinion

MILLIKEN, Chief Justice.

This petitioner, convicted for armed robbery, has sought to mandamus the respondent to supply the record of his post-conviction proceeding to this Court for consideration on appeal. The respondent has replied that the record will be supplied “within the due and normal course of business and within the said sixty days allowed by the Criminal Rules.” RCr 12.58.

Since the sixty-day period therefor does not expire until June 27, 1964, petitioner’s request for mandamus is dismissed.

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MILLIKEN, Chief Justice.

This petitioner, convicted for armed robbery, has sought to mandamus the respondent to supply the record of his post-conviction proceeding to this Court for consideration on appeal. The respondent has replied that the record will be supplied “within the due and normal course of business and within the said sixty days allowed by the Criminal Rules.” RCr 12.58.

Since the sixty-day period therefor does not expire until June 27, 1964, petitioner’s request for mandamus is dismissed.

Kinnon v. Yager, 380 S.W.2d 259, 1964 Ky. LEXIS 303 (Ky. Ct. App. 1964).

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380 S.W.2d 259 (Kinnon v. Yager) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.