Russell v. Commonwealth

STEINFELD, Judge.

Appellant Russell, Jr. appeals from an order overruling his motion to vacate sentence pursuant to RCr 11.42. It is our opinion that appellant’s complaints are without merit.

Appellant alleged in his post-conviction proceedings that he was deprived of his constitutional right to have a preliminary hearing. He was charged with two counts of indecent and immoral practices with another (KRS 435.105). The trial court found that the record indicated the appellant was given a preliminary hearing on one count of the charge on April 8, 1970, and that he was present and repre*260sented by…