McKinney v. Commonwealth

CULLEN, Commissioner.

On December 15, 1970, James McKinney was tried in absentia in the Floyd Circuit Court on a charge of selling alcoholic beverages in dry territory; he was found guilty by a jury and judgment was entered imposing a fine of $50 and a sentence of 45 days in jail. On January 15, 1971, McKinney moved under RCr 11.42 to vacate the judgment, asserting that he had not waived his constitutional right to be present at his trial and to confront the witnesses against him. The court entered an order overruling the motion without a hearing, from which order McKinney has moved for an…