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POLSGROVE v. COMMONWEALTH

439 S.W.2d 776 (1969)

Donald Ray POLSGROVE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing May 2, 1969.

Attorney(s) appearing for the Case

Donald Ray Polsgrove, pro se, James H. Polsgrove, Louisville, for appellant.

John B. Breckinridge, Atty. Gen., David Murrell, Asst. Atty. Gen., Frankfort, for appellee.

REED, Judge.

Donald Ray Polsgrove appeals from an order overruling a motion under RCr 11.42 to vacate his conviction of armed robbery for which he was sentenced to life imprisonment.

It appears that Donald Ray Polsgrove and Charles Robbins were tried jointly for armed robbery of a Louisville liquor store and a judgment of conviction was entered as to Polsgrove on May 9, 1966. A transcript of this joint trial was filed in this court on an attempted direct appeal...

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