Prater v. Commonwealth

CATINNA, Commissioner.

Estill Prater and Farrell Smith were jointly indicted on counts of breaking and entering and grand larceny. Prater and Smith were found guilty on the count of grand larceny and each sentenced to three years. No appeal was prosecuted. Prater and Smith filed a motion to vacate the judgment pursuant to RCr 11.42; the motion was overruled without an evidentiary hearing. This appeal seeks a reversal of the order denying the motion to vacate. Numerous grounds for reversal are asserted, but there is no merit to any ground except that claiming denial of the right to a direct…