Commonwealth v. Watkins

MILLIKEN, Judge.

This is an appeal by the Commonwealth from an order of the Perry Circuit Court sustaining a motion under RCr 11.42 to vacate appellee’s conviction for murder because he was not given an examining trial, a failure which the trial court concluded was at a critical stage in his prosecution and prejudiced the accused in preparing defense.

The record shows that appellee was indicted for murder on November 22, 1943, counsel was appointed the same date, and the trial was set for December 8, 1943, in the Perry Circuit Court. On December 8, 1943, appellee entered a plea of guilty, a…