Burton v. Commonwealth

HILL, Judge.

This appeal is from an order overruling, without a hearing, a motion to vacate judgment under RCr 11.42. The question, therefore, is did the motion contain sufficient grounds to entitle appellant to a hearing?

The motion assigns the following claimed errors s

“(1) The aforesaid trial and judgment is void because of the fact that the conviction was obtained through duress, in violation of the movant’s constitutional rights, and contrary to the existing Code of Criminal Practice in force at the time of this sentence. Counsel insisted on a plea of guilty.

“(2) Movant was not advised of…