Coles v. Commonwealth

CULLEN, Commissioner.

Clyde W. Coles, confined in the penitentiary under a life sentence for armed robbery pursuant to a judgment of April 1959, filed a motion under RCr 11.42 to vacate the judgment on the ground that he was denied effective assistance of counsel at the trial. On the hearing of the motion it was shown that counsel was appointed for Coles at 11:00 a. m. on the day of the trial and the trial began at 2:00 p. m., notwithstanding that counsel had moved for a continuance. However, the judge hearing the motion (who was successor in office to the judge who had presided at the trial)…