Johnson v. Commonwealth

STEINFELD, Judge.

This is an appeal from an order of the Shelby Circuit Court overruling, without a hearing, the appellant’s RCr 11.42 motion.

Two of the grounds—illegal arrest and insufficiency of evidence—are not the basis for post-conviction relief under RCr 11.42. Morgan v. Commonwealth, Ky., 399 S.W.2d 725 (1966); Bartley v. Commonwealth, Ky., 463 S.W.2d 321 (1971).

Appellant’s contention that he was denied a fair trial in May 1971, because of racial prejudice, is supported by nothing more than the allegation that he was tried with two white persons and that, although the evidence was…