CULLEN, Commissioner.
The Pendleton Circuit Court overruled without a hearing the motion of Roy Milner, under RCr 11.42, to vacate a 1965 judgment of conviction of rape under which Milner is serving a 10-year sentence. However, the court appointed counsel for Milner and through that counsel an appeal has been taken to this court.
The motion here in question was filed in April 1966. A previous motion filed in July 1965 was overruled in September 1965 and no...
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