Lawson v. Commonwealth

DAVIS, Commissioner.

This appeal is from an order overruling appellant’s motion to vacate a judgment convicting him of rape. RCr 11.42. The RCr 11.42 motion was overruled by the court without a formal hearing. The action of the trial court in so overruling the motion was proper because the motion, on its face, did. not present any showing that entitled appellant to relief. Oakes v. Gentry, Ky., 380 S.W.2d 237.

Appellant listed six purported grounds upon which he deemed himself entitled to relief pursuant to RCr 11.42. These so-called grounds are: (1) “The indictment * * * was false and without…