ROARK v. COMMONWEALTH


404 S.W.2d 22 (1966)

James Edward ROARK, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

June 10, 1966.


Attorney(s) appearing for the Case

James Edward Roark, pro se.

Robert Matthews, Atty. Gen., Joseph Eckart, Asst. Atty. Gen., Frankfort, for appellee.


CLAY, Commissioner.

In this proceeding under RCr 11.42 appellant's motion was overruled without a hearing. The grounds of the motion were (1) appellant was denied a preliminary hearing, and (2) he has newly discovered evidence relating to the issue of guilt. On the first ground there is no intimation of prejudice; on the second ground there is no suggestion of the nature of the newly discovered evidence.

Appellant contends he was entitled to an evidentiary...

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