Wade v. Commonwealth

MONTGOMERY, Judge.

Eb Wade’s conviction of the offense of malicious shooting with intent to kill and accompanying sentence of twenty-one years was affirmed. It was reconsidered on petition for rehearing. Wade v. Commonwealth, Ky., 334 S.W.2d 901, cert. denied 364 U.S. 847, 81 S.Ct. 90, 5 L.Ed.2d 71. His unsuccessful attempt in a habeas corpus proceeding to void the judgment on the ground of illegal search and seizure was affirmed. Wade v. Thomas, Warden, Ky., 357 S.W.2d 678.

By this procedure under RCr 11.42, appellant now claims that he was not sane at the time of his trial or sentencing in…