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COMMONWEALTH v. MILLER

416 S.W.2d 358 (1967)

COMMONWEALTH of Kentucky, Appellant, v. Clell MILLER, Appellee.

Court of Appeals of Kentucky.

June 16, 1967.

Attorney(s) appearing for the Case

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

Clell Miller, pro se.

STEINFELD, Judge.

Clell Miller moved pursuant to RCr 11.42 to set aside and vacate a judgment entered in 1959 finding him guilty of robbery. He is now serving the sentence. Miller claimed that the judgment was void. The lower court sustained the motion, set aside the judgment and ordered a new trial. From that order the Commonwealth appeals. RCr 11.42(7) and RCr 12.52. Commonwealth v. Watkins, Ky., 398 S.W.2d 698. The trial court...

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