OSBORNE v. COMMONWEALTH


407 S.W.2d 406 (1966)

Jerry OSBORNE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 21, 1966.


Attorney(s) appearing for the Case

Jerry Osborne, pro se.

Robert Matthews, Atty. Gen., George F. Rabe, Asst. Atty. Gen., Frankfort, for appellee.


STEWART, Judge.

This is an appeal from an order of the Campbell Circuit Court entered on May 18, 1965, overruling without a hearing appellant's motion under RCr 11.42 to vacate three judgments entered on April 20, 1964. The sole ground for the motion was that "the trial (court) illegally tried and sentenced movant while he was still a (mental) patient of Eastern State Hospital" and "therefore, the judgment of the trial court is null and void."

The undisputed...

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