Bruce v. Commonwealth

CLAY, Commissioner.

This is an appeal from a judgment denying, without a hearing, appellant’s RCr 11.42 motion to vacate a judgment of conviction. The issue presented is one of law.

In 1966 appellant was tried and convicted of the offense of rape under KRS 435.090. His sentence was fixed at 12 years’ confinement in the penitentiary. On appeal the judgment was reversed on the ground that certain evidence introduced against him was obtained as the result of an illegal search. Bruce v. Commonwealth, Ky., 418 S.W.2d 645 (1967).

Upon being retried in 1968 on the same charge, he was found guilty and…