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JOHNSON v. COMMONWEALTH

391 S.W.2d 365 (1965)

Henry JOHNSON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied July 2, 1965.

Attorney(s) appearing for the Case

Henry L. Spencer, Jackson, for appellant.

Robert Matthews, Atty. Gen., Frank D. Berry, Asst. Atty. Gen., for appellee.

DAVIS, Commissioner.

Appellant seeks to reverse the circuit court's order which overruled his RCr 11.42 motion to vacate a judgment of the same circuit court, whereby he was sentenced to imprisonment for life on a murder charge. KRS 435.010.

The murder conviction occurred in 1953; the RCr 11.42 motion was filed in 1964. After the motion to vacate was filed the trial court appointed counsel for appellant and afforded him a hearing.

There were six purported...

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