Jennings v. Commonwealth

HILL, Judge.

This is an appeal from a judgment overruling appellant’s motion to vacate his 1961 conviction for voluntary manslaughter under which he was sentenced to eighteen years in prison. He proceeds under RCr 11.42.

An appeal was prosecuted by Jennings from the original judgment of conviction *234which resulted in affirmance as reported in Ky., 349 S.W.2d 828 (1961).

In 1964 Jennings filed his first motion to vacate under RCr 11.42. The motion was overruled and an appeal prosecuted to this Court which was affirmed by opinion recorded in Ky., 380 S.W.2d 284 (1964).

Jennings again on March 10,…