WILLIAMS, Judge.
In 1949 James Barker was found guilty of rape and sentenced to life imprisonment without benefit of parole by the Breckinridge Circuit Court. Upon filing his motion to vacate the judgment (pursuant to RCr 11.42), and in accordance with his motion that he be permitted to proceed in forma pauperis, an attorney was appointed to assist him. A hearing was held and the motion was ordered overruled, from which order this appeal is taken.
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