Warner v. Commonwealth

DAVIS, Commissioner.

The appellant seeks reversal of the judg'ment denying his RCr 11.42 motion to vacate a prior conviction. In 1948 appellant was convicted of rape by judgment of the Pendleton Circuit Court; pursuant to the jury’s verdict at that trial, he was sentenced to imprisonment for life. Acting pro se, appellant filed his motion to vacate on September 3, 1963. The trial court appointed counsel for appellant and conducted a hearing, at the conclusion of which the court made findings of fact and conclusions of law. Judgment denying the motion was entered in accordance with the findings…