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DAVENPORT v. COMMONWEALTH

390 S.W.2d 662 (1965)

Maceo DAVENPORT, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

May 14, 1965.

Attorney(s) appearing for the Case

Maceo Davenport, pro se.

Robert Matthews, Atty. Gen., George Rabe, Asst. Atty. Gen., for appellee.

PALMORE, Judge.

Maceo Davenport, a prisoner at the state penitentiary, appeals from an order of the Montgomery Circuit Court overruling his RCr 11.42 motion to set aside a judgment sentencing him to life imprisonment as a habitual criminal. KRS 431.190.

The motion alleged the following grounds: (1) Improper indictment, (2) Failure of the court to instruct on the whole law of the case, (3) Failure of the court to...

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