Roark v. Commonwealth

CLAY, Commissioner.

In this proceeding under RCr 11.-42 appellant’s motion was overruled without a hearing. The grounds of the motion were (1) appellant was denied a preliminary hearing, and (2) he has newly discovered evidence relating to the issue of guilt. On the first ground there is no intimation of prejudice; on the second ground there is no suggestion of the nature of the newly discovered evidence.

Appellant contends he was entitled to an evidentiary hearing because the Commonwealth filed no response to the motion. Since the motion on its face did not present a ground on which relief…