Whitworth v. Commonwealth

MONTGOMERY, Chief Justice.

Edward L. WTiitworth appeals from a judgment denying his motion made pursuant to RCr 11.42. The judgment sought to be vacated was based on his plea of guilty to two counts of uttering a forged instrument. KRS 434.130. He received two five-year sentences, one of which was suspended. No appeal was sought from that judgment. He complains now that the indictment was void and that his constitutional rights were violated because of ineffective aid of counsel. The latter argument is founded on the first since he says that the counsel should have advised him that the…