Vincent v. Commonwealth

MILLIKEN, Judge.

This is an appeal of a denial, after hearing, of an RCr 11.42 motion to vacate a judgment of conviction.

Kimble Vincent was indicted for the shotgun murder of his brother, pleaded guilty to the lesser offense of voluntary manslaughter after his counsel had effected an agreement with the Commonwealth’s Attorney to accept the plea to the lesser offense, and was convicted and sentenced to ten years in the penitentiary. Either immediately before or immediately after the conviction another jury found Vincent to be insane, and the court suspended serving of the prison sentence until…