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WATKINS v. TURNER

587 S.W.2d 275 (1979)

Clyde WATKINS, Jr., Appellant, v. Talbert TURNER, Jailer, Breathitt County, Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified September 7, 1979.

Attorney(s) appearing for the Case

Jack Emory Farley, Public Advocate, Com. of Ky., William M. Radigan, Asst. Public Defender, Frankfort, for appellant.

Robert F. Stephens, Atty. Gen., Nancy S. Marksberry, Asst. Atty. Gen., Frankfort, for appellee.

Before HOGGE, HOWERTON and VANCE, JJ.

HOWERTON, Judge.

Watkins, a hopeless incompetent, incapable of standing trial in the foreseeable future, appeals from an order denying his petition for a writ of habeas corpus. Both parties now agree that it was error to deny the petition. We therefore reverse the judgment of the Breathitt Circuit Court and remand the case to it for further proceedings as required by KRS 504.040(5)(c).

Watkins was indicted for murder...

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