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BENSON v. ILER

Court of Appeals of Kentucky
Sep 27, 1963
371 S.W.2d 15 (Ky. Ct. App. 1963)

Opinion

September 27, 1963.

Crandell G. Benson, pro se.

Arthur T. Iler, Judge, Muhlenberg Circuit Court, Greenville, pro se.


Crandell G. Benson, a prisoner in the Kentucky State Penitentiary, seeks in this court original relief in the nature of mandamus to compel respondent, judge of the circuit court by which he was convicted and committed, to rule on his motion under RCr 11.42 to vacate the judgment of conviction.

The response indicates that the RCr 11.42 motion is insufficient on its face. If so, it should be summarily overruled in order that petitioner will not be deprived of the right of testing its sufficiency by appeal.

The petition is sustained and respondent is directed to dispose of the motion by appropriate order.


Summaries of

BENSON v. ILER

Court of Appeals of Kentucky
Sep 27, 1963
371 S.W.2d 15 (Ky. Ct. App. 1963)
Case details for

BENSON v. ILER

Case Details

Full title:Crandell G. BENSON, Petitioner, v. Arthur ILER, Judge, Muhienberg Circuit…

Court:Court of Appeals of Kentucky

Date published: Sep 27, 1963

Citations

371 S.W.2d 15 (Ky. Ct. App. 1963)

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