Johnson v. Commonwealth

DAVIS, Commissioner.

Appellant seeks to reverse the circuit court’s order which overruled his RCr 11.-42 motion to vacate a judgment of the same circuit court, whereby he was sentenced to imprisonment for life on a murder charge. KRS 435.010.

The murder conviction occurred in 1953; the RCr 11.42 motion was filed in 1964. After the motion to vacate was filed the trial court appointed counsel for appellant and afforded him a hearing.

There were six purported grounds for the motion to vacate, as prepared by appellant pro se, which may be thus summarized: (1) newly discovered evidence; (2) the…