Perry v. Commonwealth

STEWART, Judge.

This is an appeal from a judgment overruling Orville C. Perry’s motion to vacate a judgment under RCr 11.42.

The record in this case shows that on the 23rd day of May, 1962, petitioner entered a plea of guilty to a charge of wilful murder and agreed that his punishment might be fixed by the circuit court at life imprisonment, and that he, on the same date, entered a plea of guilty to a charge of shooting and wounding with intent to kill and agreed that his punishment might be fixed by the court at 21 years in the penitentiary.

He had previously pleaded not guilty to both charges,…