King v. Commonwealth

Appellant is serving a sentence of life imprisonment pursuant to a conviction by the Muhlenberg Circuit Court in 1940 for wilful murder. This is his second RCr 11.42 application for relief. See King v. Commonwealth, Ky., 408 S.W.2d 204 (1966). This time he advances new grounds, of which he says he did not know at the time of his first RCr 11.42 proceeding. ■ One is that although he had counsel retained by his mother he was not advised of his right of appeal, and the other is that counsel was not present at the time he was formally sentenced.

There was no requirement in 1940 that a defendant in…