Fannin v. Commonwealth

HILL, Judge.

This is an appeal from an order overruling appellant’s motion to vacate a judgment under RCr 11.42.

Appellant was convicted and given a life sentence on March 6, 1964, under an indictment rendered February 10, 1964, on a charge of a willful murder committed on December 14, 1963. After the verdict of guilty was rendered, appellant, in the presence of his attorneys, entered a plea of guilty to a charge of malicious shooting and wounding of his wife with intent to kill and was given a 15 year sentence. The judgment provided the two terms run concurrently.

On November 11, 1964,…