RAMSEY v. COMMONWEALTH


399 S.W.2d 473 (1966)

Clifford RAMSEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

February 18, 1966.


Attorney(s) appearing for the Case

Robert E. Vick, Greenville, for appellant.

Robert Matthews, Atty. Gen., Harold T. Hotopp, Asst. Atty. Gen., Frankfort, for appellee.


WADDILL, Commissioner.

This is an appeal from an order overruling appellant's motion made pursuant to RCr 11.42 to vacate a judgment whereby he was sentenced under the habitual criminal statute (KRS 431.190) to life imprisonment. Appellant did not seek an appeal from his conviction as an habitual criminal.

Appellant contends that the judgment of conviction is void because the indictment is defective in that it did not contain averments that the previous crimes...

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