Walker v. Commonwealth

MONTGOMERY, Judge.

This is the second motion filed under RCr 11.42 by the appellant by which he asks that the judgment finding him guilty of armed robbery be set aside or vacated. The judgment was affirmed March 20, 1964. Walker v. Commonwealth, Ky., 377 S.W.2d 91. Both motions were dismissed. The appeal is from the second order of dismissal.

The claimed errors are: illegal arrest, failure to be taken before a magistrate, failure to recognize witnesses, various errors concerning the indictment and its return, and failure to instruct properly. Each of the matters alleged to be errors has been…