MILLIKEN, Judge.
This is an appeal by the Commonwealth from an order of the Perry Circuit Court sustaining a motion under RCr 11.42 to vacate appellee's conviction for murder because he was not given an examining trial, a failure which the trial court concluded was at a critical stage in his prosecution and prejudiced the accused in preparing defense.
The record shows that appellee was indicted for murder on November 22, 1943, counsel was appointed the same...
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