LaVigne v. Commonwealth

PALMORE, Judge.

Appellant was convicted in the Fayette Circuit Court of armed assault with intent to rob and sentenced to life imprisonment. KRS 433.150. At the time of this conviction he was serving a life sentence for a similar crime committed in Kenton County. See LaVigne v. Commonwealth, Ky., 353 S.W.2d 376, 92 A.L.R.2d 988 (1962).

In the instant case appellant’s motion for new trial was overruled and judgment entered on October 9, 1964. His notice of appeal was filed on October 23, 1964. Hence is was not timely. See RCr 12.54. Nevertheless, since the appeal raises a con*692stitutional point…