NEWBERRY v. COMMONWEALTH


451 S.W.2d 670 (1970)

Thomas C. NEWBERRY, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 13, 1970.


Attorney(s) appearing for the Case

Thomas C. Newberry, pro se.

John B. Breckinridge, Atty. Gen., James B. Wooten, Jr., Asst. Atty. Gen., Frankfort, for appellee.


MILLIKEN, Judge.

This is an appeal in an RCr 11.42 proceeding of a judgment refusing to vacate a judgment of conviction. One of the grounds of the motion was denial of counsel. The trial court denied the motion to vacate without granting a hearing because the trial court's record showed that the appellant had been represented by counsel at his trial. In fact, the counsel appointed had been the one appellant sought to employ had he been able to obtain funds for that...

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