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ROWE v. COMMONWEALTH

399 S.W.2d 730 (1966)

Robert Lee ROWE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

February 25, 1966.

Attorney(s) appearing for the Case

Robert Lee Rowe, pro se.

Robert Matthews, Harold T. Hotopp, Frankfort, for appellee.

HILL, Judge.

Rowe appeals from a judgment overruling without a hearing his motion under RCr 11.42 to vacate a judgment entered July 12, 1963, under which he received a life sentence for armed assault with intent to rob.

The following two grounds are set out in the motion to vacate:

(1) "Movant should have been advised that he was not allowed to enter a plea of guilty on a capital offense especially without the knowledge of a jury. (2) "Movant...

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