SWEENEY v. COMMONWEALTH


442 S.W.2d 598 (1969)

Samuel SWEENEY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

June 27, 1969.


Attorney(s) appearing for the Case

Samuel Sweeney, pro se.

John Douglas Hubbard, John S. Kelley, Bardstown, for appellant.

John C. Breckinridge, Atty. Gen., George Rabe, Asst. Atty. Gen., Frankfort, for appellee.


OSBORNE, Judge.

This appeal is prosecuted from a denial of relief under RCr 11.42. The facts of the case are as follows:

In 1955, appellant was convicted of carrying concealed a deadly weapon in violation of KRS 435.230. At the time of this conviction he had previously been convicted of another felony and because of the previous conviction his punishment was fixed at four years in the penitentiary instead of two.

On October 23, 1967, he was indicted...

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