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NICKELL v. COMMONWEALTH

451 S.W.2d 651 (1970)

Cecil K. NICKELL, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 13, 1970.

Attorney(s) appearing for the Case

M. B. Fields, Hazard, for appellant.

John B. Breckinridge, Atty. Gen., James H. Barr, Asst. Atty. Gen., Frankfort, for appellee.

NEIKIRK, Judge.

Cecil K. Nickell is presently serving a life sentence for armed robbery. He was convicted in the Perry Circuit Court on October 3, 1962. He appealed. We affirmed. Nickell v. Commonwealth, Ky., 371 S.W.2d 849.

On February 19, 1969, Nickell filed a motion to vacate his sentence under RCr 11.42. Counsel was appointed to represent him. At the first hearing, the trial...

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