Brown v. Commonwealth

HILL, Judge.

This is an appeal from an order overruling without a hearing appellant’s motion under RCr 11.42 to vacate judgment of conviction for armed robbery entered April 1949 in which he was given a life sentence.

The motion to vacate was filed February 17, 1965, stating that he was not represented by counsel.

The order of the Circuit Court, a photostatic copy of which appears in the record, shows he appeared with his counsel. There is also filed with the record a photostatic copy of the indictment with notations thereon, along with the affidavit of an assistant commonwealth’s attorney who…