Collins v. Commonwealth

MILLIKEN, Judge.

Appellant, James Harris Collins, was tried before a jury on April 13 and 14, 1964, in the Fayette Circuit Court and the jury fixed his punishment at life imprisonment for armed robbery upon his plea of not guilty. His present RCr 11.42 motion to vacate, which was filed on March 6, 1968, was overruled by the trial court without a hearing and he has appealed.

The appellant urges four grounds for post-conviction relief; the first is that he was denied a fair trial because of prejudicial publicity. The publicity alleged consisted of a single newspaper account publicizing a…