Holcomb v. Commonwealth

CLAY, Commissioner.

This is an RCr 11.42 proceeding in which the appellant was granted a hearing. The trial court overruled appellant’s motion to set aside a judgment sentencing him to 10 years in prison upon a plea of guilty to a charge of armed assault with intent to rob. *141Appellant’s basic ground for relief is that he was denied his constitutional right to a trial by jury because he did not intelligently waive this right when he pleaded guilty.

Appellant was 18 years of age, and in 1967 and 1968 a series of events caused him to run progressively afoul of the law. He was first in company with…