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VICE v. COMMONWEALTH

459 S.W.2d 613 (1970)

Billy VICE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

November 6, 1970.

Attorney(s) appearing for the Case

Lewis A. White, White & Peck, Mt. Sterling, for appellant.

John Breckinridge, Atty. Gen., Douglas E. Johnson, Asst. Atty. Gen., Frankfort, for appellee.

CULLEN, Commissioner.

Billy Vice, languishing in the penitentiary under a life sentence for armed robbery imposed in 1966, filed a motion under RCr 11.42 to vacate the judgment. One of the grounds was that appointed counsel refused to take an appeal from the 1966 judgment of conviction. (This, if true, would be a ground for granting a belated appeal, rather than setting aside the judgment. Hammershoy v. Commonwealth, Ky., 398 S.W.2d 883

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