Capps v. Commonwealth

CLAY, Commissioner.

This is an RCr 11.42 criminal proceeding combined with a motion for a new trial on the ground of newly discovered evidence. Appellant was given a full hearing on his motions, and they were overruled.

Appellant, along with one Taylor, was charged with the theft of an automobile. He was also charged with being a habitual criminal. He was represented by appointed counsel. After several continuances of his case he pleaded guilty to the theft charge and was sentenced to five years in the penitentiary.

KRS 210.360(1) (formerly KRS 203.340) prescribes procedure for a psychiatric…