HUMPHRIES v. COMMONWEALTH


397 S.W.2d 163 (1965)

John Henry HUMPHRIES, Jr., Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

December 17, 1965.


Attorney(s) appearing for the Case

John Henry Humphries, Jr., in pro. per.

Robert Matthews, Atty. Gen., Lloyd R. Cress, Asst. Atty. Gen., Frankfort, for appellee.


CULLEN, Commissioner.

John Henry Humphries, Jr., serving a two-year sentence for fraudulently selling mortgaged property, filed a motion in the trial court under RCr 11.42 to vacate the judgment of conviction. The motion was overruled without a hearing and Humphries has appealed.

Humphries' motion alleged (1) he had no intent to defraud and there was no proof of criminal intent; and (2) his court-appointed counsel "failed to advise petitioner of his constitutional...

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