Shepherd v. Commonwealth

VANCE, Commissioner.

The appellant was convicted of the crime of wilful murder and his punishment fixed by a jury at confinement in the penitentiary for life. Judgment was entered imposing the life sentence in March 1962.

No appeal was prosecuted from the judgment but shortly thereafter appellant instituted the first in a series of motions to vacate the judgment pursuant to RCr 11.42. His first three motions to vacate were denied. Two of the orders refusing to vacate were appealed and reviewed by this court and the refusal to vacate judgment was approved in each instance. Shepherd v.…