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Helton v. Commonwealth

March 13, 1953

HELTON
v.
COMMONWEALTH (TWO CASES)



Waddill

WADDILL, Commissioner. On these appeals we are concerned with the jurisdictional question of whether or not Honorable B. B. Snyder was empowered to retry these cases in February, 1952, under the designation and commission issued by this Court on August 15, 1950.

The indictments against appellant were returned by the grand jury of Knox County at its regular February, 1950, term of court. By agreement the venue was transferred to the Laurel Circuit Court.

Because of a crowded docket the judge of the Laurel Circuit Court called a special term of court to commence on August 21, 1950, and to continue for twelve juridical days. The indictments against the appellant were assigned for trial on the first day of the special term.

A conflicting court schedule prevented the judge of the Laurel Circuit Court from presiding at the special term and the fact of his disqualification was certified to this Court.

Thereupon and pursuant to the authority of KRS 23.260 the following order was issued by this Court.

'Court of Appeals of Kentucky

'Designation of Special Judge

'It having been properly certified that the Honorable Ray C. Lewis, the regular judge of the Twenty-seventh judicial district, is disqualified or otherwise unable to preside at the August Special 1950 term of the Laurel Circuit Court on the trial of the following actions:

'All cases set out in Order of August 10, 1950 until finally disposed of, and it further appearing that no other regular Circuit Judge is available at that time, and that the parties litigant cannot agree upon an attorney to act as special judge, Honorable B. B. Snyder, a member of the bar having the qualifications of a circuit judge, is hereby designated to preside at said term and try said cases.

'Witness my hand this fifteenth day of August, 1950.

'Signed, Porter Sims,

'Chief Justice Court of Appeals'

In consequence thereof the following ...


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