Miller v. Commonwealth

STEINFELD, Judge.

This is a proceeding by appellant, Robert H. Miller, brought under RCr 11.42 for post-conviction relief. Without holding an evidentiary hearing the trial court dismissed the petition. Miller appeals — we reverse.

On January 27, 1970, five residences in Owen County, Kentucky, were broken into and property was stolen. Five men were indicted for robbery (KRS 433.180) and for grand larceny (KRS 433.220). A separate trial was ordered for Miller and then he was committed to Eastern State Hospital, a mental institution. After the court determined that treatment was no longer required…