Ky. Rev. Stat. » Chapter 439
Kentucky Revised Statutes

Ky. Rev. Stat. § 439.260 (2026)

Repealed, 1975

✓ current as of May 2026
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Catchline at repeal: Circuit courts may postpone judgment and probate defendant -- Supervision of defendant. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Amended 1962 Ky. Acts ch. 234, sec. 47. -- Created 1956 Ky. Acts ch. 101, sec. 2.

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1958–2024 · leading case: Prater v. Commonwealth, 82 S.W.3d 898 (Ky. 2002).
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Prater v. Commonwealth, 82 S.W.3d 898 (Ky. 2002). “That power, as defined in KRS 439.260(1), allowed a judge to postpone imposition of sentence, to probate an offender, and to impose upon him reasonable conditions to be performed.”
State v. Wright, 202 N.W.2d 72 (Iowa 1972). · cites it 2× “1970); Kentucky—Ky.Rev.Stat. § 439.260 (1962); Louisiana—L.”
McIntosh v. Commonwealth, 368 S.W.2d 331 (Ky. Ct. App. 1963). “…Indiana Statutes; §§ 546.410, 546.430, Missouri Revised Statutes; §§ 94-7411, 94-7412, Revised Code of Montana; Title 22, §§ 926, 927, Oklahoma Statutes; § 40-2707, Tennessee Code Annotated; Art. 693, Vernon’s Texas Code of Criminal Procedure; and § 19.1-291, Code of…”
Curtsinger v. Commonwealth, 549 S.W.2d 515 (Ky. 1977). “Rendition of judgment was, however, withheld pursuant to KRS 439.260 and appellant was placed upon probation for the maximum five year period allowed by KRS 439.”
Commonwealth v. Ballinger, 412 S.W.2d 576 (Ky. Ct. App. 1967). · cites it 5× “(KRS 439.260 to KRS 439.-300.) The significant provisions of these statutes are: KRS 439.”
Weigand v. Commonwealth, 397 S.W.2d 780 (Ky. Ct. App. 1965). “See KRS 439.260(2), (3). Instead he chose to accept the void probation and, subsequently, to violate it.”
Taylor v. Asher, 317 S.W.2d 895 (Ky. Ct. App. 1958). “KRS 439.260, formerly 439.020. Lovelace v.”
Hurt v. Commonwealth, 333 S.W.2d 951 (Ky. Ct. App. 1960). “Thereupon an order was entered finding him guilty and fixing his punishment at 5 years, at which time he moved that judgment be withheld (KRS 439.260) and moved also for a new trial.”
Howard v. Ingram, 452 S.W.2d 410 (Ky. Ct. App. 1970). “KRS 439.260. About a year after the order of probation, Ingram was brought before the Fleming Circuit Court, and his probation was revoked.”
Commonwealth, Dep't of Welfare, Div. of Corr. v. Stevens, 378 S.W.2d 799 (Ky. Ct. App. 1964). “KRS 439.260. But regardless of that, the order delaying action on the motion for a new trial, contingent on removal of appellee from this State, is void.”
Commonwealth v. Fanelli, 445 S.W.2d 126 (Ky. Ct. App. 1969). · cites it 2× “” KRS 439.260(1). A complication arose where the defendant desired to appeal his conviction.”
Jordan v. Commonwealth, 371 S.W.2d 632 (Ky. Ct. App. 1963). “2d 951, 953 , in view of the unusual circumstances of the case, and the distinct possibility that the jury’s verdict might have been less severe in the absence of the prejudicial evidence heretofore mentioned, we suggest that the trial court, under authority of KRS 439.260(3),…”
Show all 16 citing cases →
— Ky. Rev. Stat. § 439.260(1) — 4 cases
Prater v. Commonwealth, 82 S.W.3d 898 (Ky. 2002). “That power, as defined in KRS 439.260(1), allowed a judge to postpone imposition of sentence, to probate an offender, and to impose upon him reasonable conditions to be performed.”
Commonwealth v. Ballinger, 412 S.W.2d 576 (Ky. Ct. App. 1967). “(KRS 439.260 to KRS 439.-300.) The significant provisions of these statutes are: KRS 439.”
Commonwealth v. Fanelli, 445 S.W.2d 126 (Ky. Ct. App. 1969). “” KRS 439.260(1). A complication arose where the defendant desired to appeal his conviction.”
Lance Conn v. Kentucky Parole Bd. (Ky. 2024).
— Ky. Rev. Stat. § 439.260(2) — 1 case
Weigand v. Commonwealth, 397 S.W.2d 780 (Ky. Ct. App. 1965). “See KRS 439.260(2), (3). Instead he chose to accept the void probation and, subsequently, to violate it.”
— Ky. Rev. Stat. § 439.260(3) — 2 cases
Jordan v. Commonwealth, 371 S.W.2d 632 (Ky. Ct. App. 1963). “2d 951, 953 , in view of the unusual circumstances of the case, and the distinct possibility that the jury’s verdict might have been less severe in the absence of the prejudicial evidence heretofore mentioned, we suggest that the trial court, under authority of KRS 439.260(3),…”
Commonwealth v. Fanelli, 445 S.W.2d 126 (Ky. Ct. App. 1969). “” KRS 439.260(1). A complication arose where the defendant desired to appeal his conviction.”
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