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Scott BROWN, Appellant, v. Luther THOMAS, Warden, Kentucky State Penitentiary, Appellee.

WILLIAMS, Judge.

This is a habeas corpus proceeding in which the appellant, a prisoner in the Kentucky State Penitentiary, seeks to set aside on constitutional grounds the judgment of conviction pursuant to which he is imprisoned. In the absence of a showing that the remedy by motion under RCr 11.42 is inadequate, his petition was properly dismissed. Ayers v. Davis, Ky., 377 S.W.2d 154.

The judgment is affirmed.

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BROWN v. THOMAS
(Mar 20, 1964)