Barnes v. Commonwealth

CLAY, Commissioner.

This is an appeal from an order overruling, without a hearing, appellant’s motion to vacate a judgment under RCr 11.42.

Appellant was convicted on several counts of armed robbery and sentenced to serve seven years on each count after a plea of guilty. The gist of his motion to vacate the judgment is that at the time the alleged crimes were committed and at the time of trial, appellant was insane and the attorney representing him knew the facts upon which such a claim and a defense could have been interposed. Documentary evidence which would tend to support this claim was…