Jennings v. Commonwealth

PALMORE, Judge.

James E. Jennings, who is serving an 18-year sentence in the penitentiary pursuant to conviction on a homicide charge, appeals from an order of the McCracken Circuit Court overruling his motion to vacate the sentence.

Appellant was tried and convicted at the February, 1961, term of the McCracken Circuit Court. His motion to vacate was filed in January of 1964. Though purporting to be made under RCr 11.42, the motion states as its principal ground newly discovered evidence. The authority for a motion on this ground is RCr 10.06.

The basis for the motion is an affidavit by Keith…