Osborne v. Commonwealth

STEWART, Judge.

This is an appeal from an order of the Campbell Circuit Court entered on May 18, 1965, overruling without a hearing appellant’s motion under RCr 11.42 to vacate three judgments entered on April 20, 1964. The sole ground for the motion was that “the trial (court) illegally tried and sentenced movant while he was still a (mental) patient of Eastern State Hospital” and “therefore, the judgment of the trial court is null and void.”

The undisputed facts are that three successive indictments were returned by the grand jury of Campbell County on February 17, 1964, charging appellant…