313 Ky. 660 | Ky. Ct. App. | 1950
Affirming.
This is an appeal from a judgment of the Kenton Circuit Court dismissing a petition for a writ of habeas corpus. The appellant on this appeal was the appellant on the appeal from a-judgment of the Campbell Circuit Court in the case of Huff v. Diebold, 313 Ky.-, 233 S.W.2d 274.
Gene Huff was arrested on August 22, 1950, on a warrant charging him with grand larceny issued by the
The affidavit was not based upon information obtained from others or upon belief, but it stated the ultimate fact of guilt which was sufficient. Mattingly v. Commonwealth, 310 Ky. 561, 221 S. W. 2d 82; Harvey v. Commonwealth, 226 Ky. 36, 10 S. W. 2d 471; Commonwealth v. Thomas, 225 Ky. 603, 9 S. W. 2d 719; Neal v. Commonwealth, 203 Ky. 353, 262 S. W. 287.
It appears that the regular County Judge of Kenton County entered an order on January 3, 1950, appointing E. H. Walton County Judge Pro Tem, and that Walton, as County Judge Pro Tem, signed the warrant jin question on August 12,1950, when the regular County Judge was out of the State. It is appellant’s contention that since a second order appointing Walton Judge Pro Tem was not made immediately before the regular Judge left the State on August 6, the warrant is void because Walton had no authority to issue it. Referring to KRS 25.140, which provides for the appointment of a county judge pro tem, this court in Mattingly v. Commonwealth, 310 Ky. 561, 221 S. W. 2d 82, 83, said: “This statute contemplates a permanent appointment of a county judge
We conclude that the Circuit Court properly denied the writ, and the judgment is affirmed.