Barnes v. Commonwealth

WADDILL, Commissioner.

This is an appeal from an order of the Campbell Circuit Court overruling the motion to vacate the 10-year sentence of imprisonment imposed on James Barnes following his conviction of attempted rape of an eight-year-old child.

Appellant was convicted at the April, 1963, term of the Campbell Circuit Court. His motion to vacate, filed on December 4, 1963, sets forth seven grounds, five of which are allegations of error occurring during his trial and are therefore insufficient to warrant a hearing under RCr 11.42. Tipton v. Commonwealth, Ky., 376 S.W.2d 290. The other two…