Henry v. Commonwealth

HILL, Judge.

On September IS, 1964, appellant filed motion in the Crittenden Circuit Court under RCr 11.42. On November 18, 1964, the trial court overruled this motion without a hearing, from which order this appeal is prosecuted.

On June 30, 1964, the appellant was tried and convicted under a 2-count indictment charging him with possession of burglary tools and storehouse breaking. He was given three years on the first count and two years on the second. He was represented at the trial by counsel of his own selection. No appeal was prosecuted.

This attempt in forma pauperis relies on the alleged…