Ruggles v. Commonwealth

STEINFELD, Judge.

Appellant, Harry R. Ruggles, who is confined in the penitentiary appeals here from an order of the Mason Circuit Court denying his motion made under RCr 11.42 to vacate a September 1952 judgment. After a plea of guilty he was convicted of the crime of rape and sentenced to the penitentiary for life without the right of parole. KRS 435.090. The facts are reported in Ruggles v. Com., Ky., 335 S.W.2d 344 (1960), which was his first attack on the judgment.

He now contends that United States v. Jackson, 390 U.S. 570, 88 S.Ct. 1209, 20 L.Ed.2d 138 (1968), demonstrates the…