King v. Commonwealth

MILLIKEN, Judge.

This is a proceeding under RCr 11.42 to vacate a 1940 judgment and sentence of life imprisonment for murder. At King’s trial in 1940 his counsel moved for a continuance because of the absence of witnesses. The court overruled his motion when the Commonwealth permitted the reading of an affidavit as to what the absent witnesses would testify. The judgment of conviction was not appealed to this Court. After a hearing, the trial court denied the instant RCr 11.42 motion to set aside the conviction.

King asserts that the trial court in 1940 should have granted the motion for…