Copeland v. Commonwealth

HILL, Judge.

Sam Copeland appeals from an order overruling his motion under RCr 11.42 to vacate a 1946 judgment sentencing him to serve a life term for storehouse breaking and a violation of the habitual criminal act.

In his motion, appellant relied on the following three grounds for relief: (1) failure to give him an examination pursuant to KRS 203.340; (2) hastily forcing him into trial without allowing sufficient time to prepare his case; and (3) failure of the trial court to properly instruct the jury.

The lower court held as a matter of law that grounds one and three were legally…