Clark v. Commonwealth

CULLEN, Commissioner.

Kenneth Clark’s motion under RCr 11.42 to vacate the 1961 judgment under which he was sentenced to life imprisonment in the penitentiary as an habitual criminal was overruled by order of the trial court without a hearing. Clark has appealed from the order.

The record shows that Clark was arrested on warrants charging several offenses of dwelling-house breaking. Upon being taken before the county court for a preliminary hearing he waived hearing. A few days later he was indicted on the house breaking charges and on habitual criminal counts. Upon arraignment, at which time…