Workman v. Commonwealth

OSBORNE, Judge.

This appeal is from an adverse ruling on a motion to vacate the judgment under RCr 11.42 made by appellants, who are presently incarcerated in the Kentucky State Penitentiary at Eddyville, Kentucky. The motion sought to set aside a judgment rendered in the Jefferson Circuit Court wherein the appellants were sentenced to confinement in the state penitentiary for life, without benefit of parole, under the provisions of KRS 435.090. The charge was forcible rape and the facts surrounding the act were as follows:

Between 9:45 and 10:00 p. m. on August 18, 1958, the appellants, Isaac…