Wagner v. Commonwealth

CLAY, Commissioner.

This is a proceeding under RCr 11.42. Appellant moved to vacate a judgment of conviction entered in 1961 on the ground that at the time of committing the offense charged and at the time of trial he was insane. The trial court denied the motion.

In 1961 appellant was convicted of an offense under KRS 435.110 and given a five year prison sentence. This judgment was appealed and affirmed in Wagner v. Commonwealth, Ky., 355 S.W.2d 151. Appellant was represented by counsel at the trial and on the appeal.

*732Neither before nor during the trial was any question raised concerning the…