Kinmon v. Commonwealth

MOREMEN, Chief Justice.

The appellant seeks reversal of the judgment denying without a hearing his RCr 11.42 motion to vacate a prior conviction for armed robbery. This is his third motion under RCr 11.42 to vacate this conviction. The first was overruled because the motion did not state sufficient grounds to warrant relief, and that ruling was affirmed by this Court in Kinmon v. Commonwealth, Ky., 383 S.W.2d 338. The second motion was overruled also, the court finding among other things that all evidence introduced as exhibits at the trial had been obtained under lawful search and seizure. No…