Kentucky Revised Statutes
Ky. Rev. Stat. § 439.300 (2026)
Repealed, 1975
✓ laws through the 2026 session (checked Sept. 2026)
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Catchline at repeal: Arrest of probationer -- Revocation of probation, when. History: Repealed 1974 Ky. Acts ch. 406, sec. 336, effective January 1, 1975. -- Created 1956 Ky. Acts ch. 101, sec. 6, effective May 18, 1956.
Notes of Decisions
Cited in 8
cases, 1965–2000 · leading case: Cardwell v. Commonwealth, 12 S.W.3d 672 (Ky. 2000).
Cardwell v. Commonwealth, 12 S.W.3d 672 (Ky. 2000). “Although the language of KRS 439.300(1) (repealed, 1974 Ky.Acts ch.”
Hord v. Commonwealth, 450 S.W.2d 530 (Ky. Ct. App. 1970). “By KRS 439.300(1), the procedure for revocation of probation is outlined in this language: “ * * * Thereupon, or upon arrest by warrant as herein provided, the court shall cause the defendant to be brought before it and may continue or revoke the probation, and may cause the…”
Galusha v. Commonwealth, 834 S.W.2d 696 (Ky. Ct. App. 1992). “The Court so held notwithstanding a statute (KRS 439.300(1)), now repealed, that provided that upon probation the trial court was authorized to “impose any sentence which might have been imposed at the time of conviction.”
Brummett v. Commonwealth, 434 S.W.2d 326 (Ky. Ct. App. 1968). “KRS 439.300(3) provides as follows: “The court without a hearing may revoke the probation if a verified copy of the order of another court is filed with him, showing that the probationer *328 has been convicted of a subsequent crime and is incarcerated in a penal institution.”
Hardy v. Howard, 458 S.W.2d 764 (Ky. Ct. App. 1970). “On October 17, 1968, his probation was revoked and the trial court entered a judgment imposing a two-year sentence under KRS 439.300(1). On May 26, 1969, he filed a motion under RCr 11.”
Wright v. Commonwealth, 391 S.W.2d 685 (Ky. Ct. App. 1965). “42 to vacate the order of July 22, 1964, on the ground that his probation was revoked without a hearing and in violation of the terms of KRS 439.300. The Commonwealth of Kentucky filed a response in which it stated that information had come to the law enforcement officers and to…”
Bray v. Weaver, 453 S.W.2d 7 (Ky. Ct. App. 1970). “*8 It may be conceded for purposes of our discussion that the revocation of Bray’s probation was not accomplished in accordance with the procedure required by KRS 439.300. The critical question is whether the “suspension” of the 1969 jail sentence was valid in the first place.”
King v. Commonwealth, 471 S.W.2d 297 (Ky. Ct. App. 1971). “We hold that an order revoking probation pursuant to KRS 439.300 is not an appealable order. The order dismissing the appeal was proper and appellant’s motion to reconsider it is therefore overruled.”
Ky. Rev. Stat. § 439.300(1): 4 cases
Cardwell v. Commonwealth, 12 S.W.3d 672 (Ky. 2000). “Although the language of KRS 439.300(1) (repealed, 1974 Ky.Acts ch.”
Hord v. Commonwealth, 450 S.W.2d 530 (Ky. Ct. App. 1970). “By KRS 439.300(1), the procedure for revocation of probation is outlined in this language: “ * * * Thereupon, or upon arrest by warrant as herein provided, the court shall cause the defendant to be brought before it and may continue or revoke the probation, and may cause the…”
Galusha v. Commonwealth, 834 S.W.2d 696 (Ky. Ct. App. 1992). “The Court so held notwithstanding a statute (KRS 439.300(1)), now repealed, that provided that upon probation the trial court was authorized to “impose any sentence which might have been imposed at the time of conviction.”
Hardy v. Howard, 458 S.W.2d 764 (Ky. Ct. App. 1970). “On October 17, 1968, his probation was revoked and the trial court entered a judgment imposing a two-year sentence under KRS 439.300(1). On May 26, 1969, he filed a motion under RCr 11.”
Ky. Rev. Stat. § 439.300(3): 1 case
Brummett v. Commonwealth, 434 S.W.2d 326 (Ky. Ct. App. 1968). “KRS 439.300(3) provides as follows: “The court without a hearing may revoke the probation if a verified copy of the order of another court is filed with him, showing that the probationer *328 has been convicted of a subsequent crime and is incarcerated in a penal institution.”
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