Ramsey v. Commonwealth

WADDILL, Commissioner.

This is an appeal from an order overruling appellant’s motion made pursuant to RCr 11.42 to vacate a judgment whereby he was sentenced under the habitual criminal statute (KRS 431.190) to life imprisonment. Appellant did not seek an appeal from his conviction as an habitual criminal.

Appellant contends that the judgment of conviction is void because the indictment is defective in that it did not contain averments that the previous crimes were committed progressively after each conviction. See Ross v. Commonwealth, Ky., 384 S.W.2d 324. While conceding that the indictment…