KIPER v. COMMONWEALTH


415 S.W.2d 92 (1967)

Paul KIPER, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied June 16, 1967.


Attorney(s) appearing for the Case

Kenneth H. Goff, Richard E. Moorman, Leitchfield, for appellant.

Robert Matthews, Atty. Gen., Darryl T. Owens, Asst. Atty. Gen., Frankfort, for appellee.


PER CURIAM.

A motion was filed under RCr 11.42 whereby Paul Kiper seeks to vacate his conviction for wilful murder and to gain a new trial. He was found guilty on April 23, 1942. The motion was overruled.

On March 1, 1942, the Sheriff of Grayson County was severely injured when struck by a rock. He died from those injuries on March 4, 1942. According to the evidence, the rock was thrown by Kiper during an altercation with some other men, which fight the Sheriff...

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