Perkins v. Commonwealth

MONTGOMERY, Judge.

Ernest L. Perkins was convicted and his sentence of ten years’ confinement for maliciously shooting into a dwelling house was affirmed. Perkins v. Commonwealth, Ky., 342 S.W.2d 102. In a motion seeking relief under CR 60.02, he has asked that the sentence be vacated. The trial court treated the motion as one under RCr 11.42 and denied relie'f. No objection has been made by appellant to this procedure although RCr 11.42 supplements CR 60.02 instead of supplanting it.' See Comment, RCr 11.42. It will be- considered here as a motion under RCr 11.42.'.

Appellant married Billie…