Harris v. Commonwealth

MILLIKEN, Judge.

Appellant is serving a ten year sentence on a robbery charge on his plea of guilty with the assistance of counsel. This is an appeal from an order overruling without a hearing his motion to vacate judgment under RCr 11.42.

The trial court record shows the following. Appellant and his wife were jointly indicted on November 20, 1967, for armed assault with intent to rob committed on September 26, 1967. They appeared before the court without counsel on November 20, the court on its initiative entered a plea of not guilty for them, and upon the report by appellant that he expected…