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BURTON v. COMMONWEALTH

394 S.W.2d 933 (1965)

Donald Ray BURTON, Sr., Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 22, 1965.

Attorney(s) appearing for the Case

Donald Ray Burton, Sr., pro se.

Robert Matthews, Atty. Gen., John B. Browning, Asst. Atty. Gen., for appellee.

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:

"(1) The aforesaid trial and judgment is void because of the fact that the conviction was obtained through duress, in violation of the...

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