Brooks v. Commonwealth

EDWARD P. HILL, Jr., Chief Justice.

This is an appeal from a judgment overruling appellant’s motion to vacate a judgment under RCr 11.42.

In March 1966, the appellant was convicted in the Jefferson Circuit Court of wilful murder. He was represented by retained counsel. After the trial, notice of appeal was filed but no appeal was perfected. From appellant’s argument and exhibits filed with this record, it appears that the reason for failure to prosecute an appeal was the inability of appellant to pay for the record transcript. Yet, he never at any time moved the trial court that he be permitted…