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PERKINS v. COMMONWEALTH

382 S.W.2d 393 (1964)

Ernest L. PERKINS, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

September 25, 1964.

Attorney(s) appearing for the Case

Ernest L. Perkins, pro se.

John B. Breckinridge, Atty. Gen., Martin Glazer, Asst. Atty. Gen., Frankfort, for appellee.

MONTGOMERY, Judge.

Ernest L. Perkins was convicted and his sentence of ten years' confinement for maliciously shooting into a dwelling house was affirmed. Perkins v. Commonwealth, Ky., 342 S.W.2d 102. In a motion seeking relief under CR 60.02, he has asked that the sentence be vacated. The trial court treated the motion as one under RCr 11.42 and denied relief. No objection has been made by appellant to this procedure although RCr...

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