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Clark v. Jones

CLARK v. JONES, Judge

Clark v. Jones, 258 S.W.2d 902 (Ky. Ct. App. 1953)
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Court
Court of Appeals of Kentucky · State Appellate Courts
Decided
June 5, 1953
Judges
Clay
Citations
258 S.W.2d 9021953 Ky. LEXIS 889

Opinion of the Court — Clay

Text extracted by OCR from a scanned original; check the original for exact wording.

. CLAY, Commissioner.

This original proceeding was brought in this Court to obtain a permanent writ of prohibition against the judge of the Met-calfe Circuit Court, to restrain him from proceeding to try petitioners on an indictment charging illegal possession of alcoholic beverages for the. purpose of sale in local option territory. The basis of petitioners’ request is that certain evidence which will be used against them on the trial was obtained under an illegal and void search warrant.

.A writ .of prohibition is an extraordinary remedy, and will not be granted by this Court'unless it is shown that: (1) the lower court is acting without jurisdiction or erroneously within its jurisdiction, (2) in such a manner that great and irreparable injury will be suffered, and (3) the petitioners are without another adequate remedy. Jones v. Tartar, 308 Ky. 813 , 215 S.W.2d 955 . Petitioners’ petition fails utterly to show that those grounds exist. It does no more than offer us an opportunity to adjudge them not guilty before they have • even been tried. This we decline to do.

The temporary writ heretofore issued is dissolved and the request for a permanent writ of prohibition is denied.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1954: 11955: 22006: 119542026peak 1955 · 2

Relies on it most ⓘ

  1. Fletcher v. Graham192 S.W.3d 350 (Ky. 2006)
  2. Armstrong v. Bryan273 S.W.2d 835 (Ky. Ct. App. 1954)
  3. Kinslow v. Carter282 S.W.2d 141 (Ky. Ct. App. 1955)
  4. Luster v. Auxier285 S.W.2d 900 (Ky. Ct. App. 1955)

Most recent

  1. Fletcher v. Graham192 S.W.3d 350 (Ky. 2006)
  2. Luster v. Auxier285 S.W.2d 900 (Ky. Ct. App. 1955)
  3. Kinslow v. Carter282 S.W.2d 141 (Ky. Ct. App. 1955)
  4. Armstrong v. Bryan273 S.W.2d 835 (Ky. Ct. App. 1954)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Jones v. Tartar, 215 S.W.2d 955 (Ky. Ct. App. 1948) 10

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