Grider v. Commonwealth

DAVIS, Commissioner.

In 1954 the appellant, Grider, was convicted of willful murder and sentenced to imprisonment for life. KRS 435.010. In 1965 appellant filed motion to vacate the judgment of conviction. RCr 11.42. The sole basis alleged for the motion to vacate was appellant’s assertion that “⅜ * ⅜ the Jury imposed an eight (8) year term of imprisonment on movant at its April Term, 1954, and the court change judgment to life. (Sic.)”

The trial court overruled the motion to vacate, without a hearing and without appointment of counsel. The basis for the trial court’s ruling was that the record…