Banton v. Commonwealth

CULLEN, Commissioner.

Paul Banton appeals from a judgment which overruled, without a hearing, his motion under RCr 11.42 to vacate a judgment of 1962 under which he is serving an eight-year sentence for voluntary manslaughter. The sole ground on which he sought relief was that he was not given a preliminary hearing, between arrest and indictment. In the absence of a showing of prejudice this is not a ground for relief under RCr 11.42. See Commonwealth v. Watkins, Ky., 398 S.W.2d 698; Roark v. Commonwealth, Ky., 404 S.W.2d 22 (decided June 10, 1966). Banton’s only claim of prejudice is that if…