Rowe v. Commonwealth

HILL, Judge.

Rowe appeals from a judgment overruling without a hearing his motion under RCr 11.42 to vacate a judgment entered July 12,1963, under which he received a life sentence for armed assault with intent to rob.

The following two grounds are set out in the motion to vacate:(1) “Movant should have been advised that he was not allowed to enter a plea of guilty on a capital offense especially without the knowledge of a jury.(2) “Movant charges that he was coerced into a confession. * * * ”

The judgment appealed from recites that appellant filed a similar motion to vacate on September 26,…