TRIPLETT v. COMMONWEALTH


439 S.W.2d 944 (1969)

Stewart Ray TRIPLETT, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing May 9, 1969.


Attorney(s) appearing for the Case

Stewart Ray Triplett, pro se, Winfrey P. Blackburn, Jr., Louisville, for appellant.

Robert Matthews, Atty. Gen., James Barr, Asst. Atty. Gen., Frankfort, for appellee.


OSBORNE, Judge.

This is an appeal from an order of the Jefferson Circuit Court denying relief upon appellant's motion to vacate the judgment under RCr 11.42. Appellant when acting pro se filed an affidavit setting forth evidentiary matter which had not been offered for the consideration of the trial court. The Commonwealth as a matter of precaution filed controverting evidentiary material. We cannot consider any of this material. This is not a court of original jurisdiction...

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