Morgan v. Commonwealth

HILL, Judge.

This is an appeal from a judgment overruling without a hearing a motion by appellant under RCr 11.42 to vacate his 1947 conviction for armed robbery. The motion charges that: (1) the arrest was illegal; (2) “he was denied counsel until date of trial;” (3) he was denied the right to be confronted by the witnesses against him and the right to cross-examine them; (4) “he was foreed to plead and stand trial, before a jury already picked and seated, prior to the calling of his case for trial, and in *726the absence of the appellant;” and (5) the trial judge who passed on his motion to…