Hamilton v. Commonwealth

EDWARD P. HILL, Jr., Chief Justice.

This is an appeal from an order and judgment overruling the appellant’s motion under RCr 11.42 to vacate a judgment sentencing him to death for the crime of wilful murder.

Subsequent to this judgment, the Governor of the Commonwealth commuted the sentence for the death penalty to life in prison “without privilege of parole."

Basically the appellant makes two points on this appeal: (1) he says there is no record on this appeal of the hearing in circuit court; and (2) he argues that the Governor of the Commonwealth was without power to commute his sentence from…