Kentucky Revised Statutes

Ky. Rev. Stat. § 439.270 (2026)

Repealed, 1975

✓ current as of May 2026

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Catchline at repeal: Period of probation. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Created 1956 Ky. Acts ch. 101, sec. 3, effective May 18, 1956.

Notes of Decisions

Cited in 7 cases, 1958–1977 · leading case: Curtsinger v. Commonwealth, 549 S.W.2d 515 (Ky. 1977).

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Curtsinger v. Commonwealth, 549 S.W.2d 515 (Ky. 1977). · cites it 2× “260 and appellant was placed upon probation for the maximum five year period allowed by KRS 439.270. Within this statutory period the trial court, on June 22,1972, had an opportunity to revoke appellant’s probation but, chose not to do so.”

Green v. Commonwealth, 400 S.W.2d 206 (Ky. Ct. App. 1966). · cites it 2× “It should be observed that KRS 439.270, in dealing with probation, requires that the probation period shall not extend more than five years.”

Taylor v. Asher, 317 S.W.2d 895 (Ky. Ct. App. 1958). · cites it 2× “Such period, with any extensions thereof, shall not exceed five years, * * *. Upon completion of the probationary period the defendant shall be deemed finally discharged, provided, no warrant issued by the court is pending against him, and probation has not been revoked.”

Gossett v. Commonwealth, 384 S.W.2d 308 (Ky. Ct. App. 1964). · cites it 3× “Appellant contends that about two years prior to the entry of the judgment he had been placed on probation for a period of one year and, at the time the probation was summarily revoked, the probationary period had been completed and the court had no right to enter judgment…”

Commonwealth v. Ballinger, 412 S.W.2d 576 (Ky. Ct. App. 1967). “” KRS 439.270: “(1) The period of probation shall be fixed by the court and at any time may be extended or shortened by the court by order duly entered.”

Bray v. Weaver, 453 S.W.2d 7 (Ky. Ct. App. 1970). ““(3) The period and conditions of probation and the discharge of such persons shall be in accordance with and pursuant to KRS 439.270 and 439.290. “(4) Such probationer may be arrested and his case disposed of according to KRS 439.”

Lanham v. Commonwealth, 353 S.W.2d 201 (Ky. Ct. App. 1962). “By chapter 101, § 3, Acts of 1956, now KRS 439.270, it was provided that in no case may the period of probation exceed 5 years.”

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